SANJAY KUMAR SINGH Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) These are two connected writ petition is in which common questions of facts and law are involved. They are, therefore, being disposed of together by this common judgment.

(2.) Brief advertance of the fact is necessary One Babu Ram Misra who was a lecturer in Economics in the institution known as Nagar Palika Inter College, Mughalsarai, Varanasi, which is governed by the provisions of U.P. Intermediate Education Act, 21 and the U.P. Secondary Education Service Commission Act, 1982 was to be superannuated on 30th June, 1987 but on account of the orders of this Court in various writ petitions, he continued on the said post till 29-10-'i987 on which date the stay order was vacated. The vacancy so caused gave rise to a dispute between two rival claimants namely Ramdeo Prasad (Petitioner in writ petition NO. 21022 of 1994) who claimed promotion being the senior most teacher in L. P. grade having the requisite and essential qualification and the ether Sanjay Kumar Singh (Petitioner in Writ Petition No. 16567 of 1995), who was appointed on ad hoc basis by the President of the Nagar Palika.

(3.) The case of the petitioner Ramdeo Prasad is that on the date on which the vacancy actually occurred i.e. 29-10-1987 he had acquired the reqisite minimum qualification and having a master degree in the subject of Economics and he being the senior most teacher in L T. grade was entitled to be promoted to the post of lecturer in Economics. According to him, he, in fact, was allowed to work as lecturer in Economics He applied for claiming promotion by moving an application on 7-8-1989. His grievance is that respondent no. 3 Sanjay Kumar Singh (Petitioner in writ petition No. 16567 of 1994) was illegally appointed on 3-12-1990 by thring to winds all the rules, regulations and the procedure prescribed for the appointment and that his claim (Ramdeo Prasad) was unrightfully denied by not appointing him as the lecturer Economics. On account of continuance of Sanjay Kumar Singh on the post, Ramdeo Prasad has prayed in his writ petition No. 21022 of 1904 that the appointment order dated 3-12-1990 made in favour of respondent no. 3, Sanjay Kumar Singh be quashed and that he be restrained from taking intermediate Classes in Economics. It is further prayed that a direction in the nature of mandamus be issued to respondents 1 and 2 district Inspector of Schools, Varanasi and Committee of Management respectively to permit the petitioner Ramdeo Prasad on the post of lecturer Economics with effect from 1-7-1987.