JAGDISH PRASAD SHARMAS Vs. DIRECTOR OF EDUCATION ALLAHABAD

JUDGEMENT

(1.) BY the Court. By means of this writ petition under Article 226 of the Constitution of India, the petitioners are seeking to challenge the correctness, legality and validity of the action and omission, on the part of the respondents in excluding the petitioners from the combined seniority list of Lecturers serving in the Government Inter Colleges in the State of U.P.

(2.) DURING the pendency of the writ petition, an interim order was passed by Hon'ble B. M. Lai, J. (as His Lordship then was) on 24 81991, which runs as follows:

(3.) FOR appreciating the controversy, which has to be resolved in the present case, it is necessary to refer to the brief summary of the facts. Initially the subject of Engineering at Intermediate level was introduced on an experimental basis, temporarily under Scheme No. 24 of the Second Five Year Plan and there under certain Government Inter Colleges were chosen as multi purpose schools. These schools known as Government Inter Colleges are located at Meerut, Jhansi, Moradabad, Pilibhit, Allahabad, Kanpur, Gyanpur, Deoria, Faizabad and Lucknow. To implement the said scheme, 40 temporary posts of Lecturers were created in the year 1957. As against 40 posts, 30 persons were appointed as Lecturers (Engineering) and on the remaining 10 posts, Lecturers (PHYSICS) were appointed. T he subject of Engineering as introduced under aforesaid scheme, comprised of two courses, namely, (i) Elements of Electrical Engineering and (ii) Elements of Mechanical Engineering. These subjects were duly recognised by the Board of High School and Intermediate Education with Physics, Chemistry and Mathematics, constituted the technical group in the syllabus of the Board of High School and Intermediate Education. The minimum qualification for Lecturer (Engineering) was B. Tech/B. Sc. Technical (Education) or Diploma in Mechanical/Electrical Engineering and one year workshop experience. The petitioners who are six in number, were appointed as Lecturer (Engineering) in different Intermediate Colleges of the State of U.P. They were appointed in the pay scale of Rs. 6501280 like Lecturers in other subjects. The petitioners claim that they are members of Special Subordinate Education Service (for short'SSES').