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2003 Supreme(All) 810
HIGH COURT OF ALLAHABAD
D.P. Singh, J.
Nand Kishore
Versus
Joint Director of Education, Allahabad Region
Civil Misc. Writ Petition 20238 of 2002
Decided On : 16 April 2003
Civil Misc. Writ Petition 20238 Of 2002
KRISHNA J.KHARE, V.B.KHARE,
The central legal point established in the judgment is the precedence of Rule 14 of the 1998 Rules over the regulations framed under the Intermediate Act in determining the eligibility for promotion in the education sector.
Headnote:
Promotion - Education - U.P. Secondary Education Service Commission and Selection Board Act, 1982, Rule 14 of the U.P. Secondary Education services Selection Board Rules, 1998 - The court discussed Rule 14 of the 1998 Rules and its relevance to the promotion of the petitioner to the post of Lecturer in Biology. It also highlighted the conflict between Rule 14 and Regulation 6 (1) of Chapter-II of the Regulations framed under the U.P. Intermediate Education Act, 1921, and concluded that Rule 14 prevailed over the regulations framed under the Intermediate Act.
Fact of the Case:
The petitioner, an Assistant Teacher, sought promotion to the post of Lecturer in Biology. The District Inspector of Schools rejected the promotion on the grounds of insufficient service, leading to the present writ petition.
Finding of the Court:
The court found that the petitioner had completed five years of continuous regular service as per Rule 14 of the 1998 Rules, making him eligible for promotion. It also held that Rule 14 prevailed over the regulations framed under the Intermediate Act.
Issues: The main issue was the eligibility of the petitioner for promotion to the post of Lecturer in Biology based on the completion of five years of continuous regular service.
Ratio Decidendi: The court's decision was based on the interpretation of Rule 14 of the 1998 Rules and its precedence over the regulations framed under the Intermediate Act.
Final Decision: The impugned orders dated 30th January, 2002 and 3rd May, 2002 were quashed, and the respondent Nos. 1 and 2 were directed to pass a fresh order for promotion, considering the observations made by the court.
( 1 ) HEARD Sri Krishna Ji Khare, learned Counsel for the petitioner and Sri V. B. Khare, learned counsel appearing for the Committee of Management. Standing Counsel has stated that even though earlier time was granted and intimation was sent to the department but no counter-affidavit has been filed. He prays for further time to file counter-affidavit. This Court vide its order dated 16th September, 2002 granted two weeks with stop order to the Standing counsel to file the counter-affidavit but no counter-affidavit has been filed, nor any application has been filed seeking further time. In the circumstances, I do not consider it fit to grant any further time to the Standing Counsel for filing the counter-affidavit.
( 2 ) BALA Prasad Kushwaha Intermediate College, Balrampur Bazar, Allahabad is a recognized and aided institution upto Intermediate level. The petitioner was appointed as an Assistant Teacher in l. T. Grade and due approval was granted on ad-hoc basis by the District Inspector of Schools, w. e. f. 15. 12. 1990. Subsequently, in view of the Ordinance No. 1 of 1993, the services of the petitioner were regularized w. e. f. 7. 8. 1993. One Post of Lecturer in Biology fell vacant on 31. 3. 1991. The petitioner worked on that post. The Committee of Management vide its resolution dated 20th July, 1998, resolved to promote the petitioner on that post and sent its recommendation along with the relevant papers for approval to the District Inspector of Schools. On receipt of the aforesaid proposal, vide letter dated 6. 11. 1998, the District Inspector of schools sought further information which was provided by the Committee of Management. It has been submitted, hat the District Inspector of Schools together with his comments dated 31. 12. 199. , sent the proposal to the Joint Director of Education. The Joint Director of Education by his order 30. 1. 2002, rejected the proposal of promotion of the petitioner on the ground that the petitioner did not have five years of continuous service in LT Grade on the date of occurrence of the vacancy. Thus, in his view, the petitioner was ineligible for promotion to the post of Lecturer in Biology. The aforesaid order was communicated to the petitioner by a letter of the District Inspector of Schools dated 3. 5. 2002. Both the aforesaid order dated 30. 1. 2002 and 3. 5. 2002 are impugned in the present writ petition.
( 3 ) COUNSEL for the petitioner has drawn my attention to Rule 14 of the U. P. Secondary Education services Selection Board Rules, 1998 (hereinafter referred to as 1998 Rules) and has contended that in view of the Rule 14, the petitioner had completed five years of continuous regular service at least on the date when the Joint Director of Education considered the proposal for his promotion to the post of Lecturer in Biology, in the institution. For ready reference Rule 14 (1)which is relevant for the purposes of the writ petition is quoted hereinbelow :
"14. Procedure for recruit by promotion.- (1) Where any vacancy is to be filed by promotion all teachers working in Trained Graduates Grade of Certificate of Teaching Grade, if any, who possess the qualifications, prescribed for the post and have completed five years continuous regular service as such on the first day of" the year of recruitment shall be considered for promotion to the Lecturers Grade or the Trained Graduate Grade, as the case may be, without having applied for the same. (2 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . .
