JANG BAHADUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) An order passed by Joint Director of Education, Varanasi Region, Varanasi, dated 11.2.2015 is assailed in this petition. By this order petitioner's claim for promotion to the post of Lecturer in Sociology has been rejected, although a finding is returned in favour of the petitioner that he possessed requisite eligibility for consideration of his claim for promotion.

(2.) Facts, which are not in issue, lie in a narrow compass, and therefore would require examination at the outset. Inter College Ranipur, Jaunpur is an institution recognized under the Intermediate Education Act, 1921 and the provisions of the Uttar Pradesh High School and Intermediate College (Payment of Salaries of Teachers and other Employees) Act, 1971 are also applicable. Six posts of Lecturer are sanctioned in the institution. Three of these posts are to be filled by promotion. It is admitted that the posts of Lecturer in Sociology, Economics and Hindi are to be filled by promotion. One Om Prakash Khare, Lalchandra Pandey and Faujdar Yadav were promoted and working as Lecturer against these three posts. Regular Principal of the institution Santosh Kumar Srivastava retired on 30th June, 2000. Om Prakash Khare, who was senior most, substantively appointed Lecturer in Sociology was handed over the charge of Officiating Principal. It is admitted that he continued as such and retired on 30th June, 2011. It is not in issue that Om Prakash Khare continued as Principal on officiating basis and he was never appointed substantively as Principal in the institution. The order impugned, therefore, rightly records that post of Lecturer in Sociology has fallen vacant on 30th June, 2011.

(3.) Even at the time when Om Prakash Khare was given the officiating charge of Principal, at best, a short term vacancy on the post of Lecturer in Sociology had come into existence. Against this short term vacancy a requisition was sent to the Commission for filling up the post of Lecturer in Sociology by direct recruitment on substantive basis. The vacancy that was intimated to the Board was not advertised but respondent No. 6, who was duly selected by the Commission against other advertised vacancy, was adjusted in the institution concerned. He has joined as such on 1.6.2009 and has also been receiving salary.