KHEM CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) EARLIER Jagdish Chandra filed Civil Misc. Writ Petition No. 60223 of 2008 before this court and this court on 21.11.2008 passed following order, which is being quoted below:- "Contention of petitioner is that under Regulation 2 (2) of Chapter III of the Regulations framed under U.P. Act No. 2 of 1921, 50% of the posts of class III employees are liable to be filled up by way of promotion. Petitioner submits that criteria for such promotion from Class IV to Class III post is seniority subject to rejection of unfit. Nothing has been brought on record to show and suggest as to whether petitioner is fit or unfit for such promotion. Petitioner's submission is that ignoring his seniority, junior person could not have been accorded promotion. For redressal of his grievance, petitioner has represented the matter before the District Inspector of Schools on 24.09.2008. Consequently, in these circumstances and in this background, District Inspector of schools is directed to consider the claim of petitioner as set up by him in his representation dated 24.09.2008 and then take appropriate decision in the matter of grant of promotion to class III post keeping in view the provisions of Regulations as referred to above. In terms of above observation and direction present writ petition is disposed of. Pursuant to the order passed by this court, decision has been taken by the District Inspector of Schools and District Inspector of Schools on 31.3.2009 has proceeded to cancel the approval, which was accorded in respect of promotion of Khem Chandra. At this juncture present writ petition has been filed. Sri Mahendra Singh, learned counsel for the petitioner contended with vehemence that in the present case totally unwarranted order has been passed, whereas there was adverse material against Jagdish Chandra and as such rightly his claim has been non suited and as such impugned order deserves to be set aside. Countering the said submission, learned Standing Counsel on the other hand contended that rightful decision has been taken in the matter and as such no interference be made. After respective arguments have been advanced, undisputed factual position, which is emerging in the present case is that under Chapter-III Regulation-II (2) of U.P. Act No. 2 of 1921 criteria prescribed for promotion from Class IV to Class III post is seniority subject to rejection of unfit. In the present case District Inspector of Schools has taken into account the resolution dated 29.4.2008 and categorical finding of fact has been recorded that claim of petitioner has not at all been considered as seniority subject to rejection of unfit,criteria has not been adhered to and said resolution does not contain consideration of candidature based on the seniority subject to rejection of unfit. Once resolution has been passed ignoring the mandate provided for and criteria provided for in this background order, which has been passed is not at all liable to be interfered with. Much stress has been laid by the learned counsel for the petitioner that in the comment, which has been submitted by the Principal clearly established that candidature of Jagdish Chandra was liable to be rejected on the basis of unsuitability being unfit. Resolution has to be seen as it has been passed and same cannot be permitted to supplemented by way of comments submitted by the Principal of the institution. consideration has to be seen on the date when the resolution was passed and not subsequent thereto, in case there was adverse material, then same ought to have formed part of the resolution. Order passed by the District Inspector of Schools, as has been passed on the basis of the objective consideration, taking into account statutory provision cannot be faulted, as such this court refuses to interference with the same. Consequently, writ petition is dismissed. However dismissal of the writ petition will not prevent the Managing Committee of the institution to pass fresh resolution strictly as per parameter as provided for under Chapter -III Regulation-II(2) of U.P. Act No. 2 of 1921.