PRAMILA GUPTA Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) This writ petition was heard along with W. P. 22632 of 1994 by the self same petitioner against the four of the respondents in the earlier writ petition. In the instant writ petition (No. 7582 of 1984) the petitioner challenged two orders as per Annexures 9 and 13 to the writ petition Annexure 9 is an order of the Regional Deputy Director of Education. Agra, dated 5-10-1983. By this order, a represention of respondent No. 5, Manorama Sinha was allowed. The present petitioner, thereafter, lodged an appeal before the Director of Education and through the paper in Annexure 13 to the writ petition dated 24 3-1984, the Director of Education, (General 1), Anubhag 1, Allahabad, rejected the appeal, not on merits but on technical grounds. These two orders, according to the petitioner, were bad in law who claimed that she should have been appointed to the post of teacher in Hindi in Prem Devi Agrawal Girls Inter College, Mathura managed by present respondent No. 4.

(2.) The subsequent W.P. 22532 of 1994 relates to the aforesaid claim and is directed against an order dated 17-6-1994 passed by the Deputy Director of Education, Agra (respondent 1 in this writ petition), as per Annexure-14 to the writ petition. Through this order, the Deputy Director of Education, Agra had considered the representation of Manorama Sinha (respondent No. 4 in this writ petition) and directed the regularisation of her ad hoc promotion as a lecturer in Hindi. Smt. Pramila Gupta filed this writ petition on the ground that such an order could net have been passed during the pendency of the earlier writ petition as there had been a stay order by the High Court dated 21-5-1985 staying the order of the Deputy Director of Education dated 5-10-1983.

(3.) The post now being claimed by the petitioner as well as by Smt. Manorama Sinha is that of a lecturer in Hindi in the Prem Devi Agrawal Girls Inter College, Mathura. According to the petitioner, the committee of management appointed her against the above post by an order dated 17-10-1981. This appointment was approved by order dated 19-10-1981 of the R.I.G.S. Prior to her being so appointed, the petitioner was initially appointed as an assistant teacher in the L. T grade on 23-7-1973. She was having M. A. degrees, both in Hindi as well as in Sanskrit. M.A. in Hindi degree was obtained in 1976 while M. A. degree, in Sanskrit was conferred on her in 1969. The institution in question was duly recognised by the High School and Intermediate Board of U.P., was upgraded to the intermediate level in 1979 and the R.I.G.S. permitted this institution to start teaching in Class XI, vide her letter dated 17-3-1980. The R. I. G. S. subsequently created the post of the Principal and upgraded the post of L T. grade teacher in Hind, to that of a lecturer in Hindi. The committee of management, thereafter, passed a resolution for creation of four posts of lecturer in four subjects including Hindi and Sanskrit and protested against upgradation of the post of L. T. grade teacher to that of lecturer in Hindi It was stated by the petitioner that the resolution of the committee of management was sent to the R.I.G.S. for creation of post including that of a lecturer in Hindi. It was stated that the State Government by its letter dated 29-7-1981 permitted creation of posts of lecturer in Hindi with a rider that only that person will be appointed to the post of lecturer in Hind, who was qualified to teach Sanskrit as well. No independent post of lecturer in Sanskrit was created.