TRIVENI VERMA Vs. DESHRAJ NARANG DAYANAND INTER COLLEGE

JUDGEMENT

(1.) THIS is plaintiffs second appeal arising out of suit for quashing a resolution dated 3-11-1977 passed by the Committee of Management of the concerned Intermediate College promoting Sri Ram Bujharat Yadav (defendant no. 4 in the suit) to the lecturer's grade and for declaration that the same was ineffectual in law.

(2.) THE plaint case was that the post of a lecturer in Geography fell vacant in Deshraj Narang Dayanand Intermediate College, which is an institution recognised by the Board of High School and Intermediate Education under the Intermediate Education Act. THE post had to be filled by promotion in accordance with Regulation 6 of the Chapter II of the Regulations framed under Intermediate Education Act. THE plaintiff was an L. T. grade teacher in that college. He was in that grade senior to the defendant no. 4. Under the aforesaid regulations, the post had to be filled from amongst the teachers of the college working in the next lower grade, that is, the L. T. grade. In all respects the plaintiff had a better claim to promotion, but the Committee of Management illegally and malafide promoted the defendant no. 4. Hence the suit.

(3.) THE learned Munsif trying the suit held that the resolution dated 3-11-77 was valid and passed in accordance with the Rules and Regulations. He also answered issues nos. 2 and 3 against the plaintiff and dismissed the suit. THE court below on appeal has affirmed these findings. Both the courts below have repelled the contention that the impugned resolution passed by the Committee of Management was vitiated by any bias arising from the mere presence of the defendant no. 4 ex officio as a member of that Committee in the meeting at which the resolution dated 3-11-77 was passed as admittedly he had not participated in the deliberations.