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IN THE HIGH COURT OF ALLAHABAD
S.P. Srivastava, J.
Lakshmi Shanker Verma - Appellant
Vs.
District Inspector Of Schools And Others - Respondents
Civil Miscellaneous Writ Petition No. 2496 of 1987 and 12128 and 18885 of 1991
Decided On : 06-05-1992
SENIOR TEACHER - SENIORITY LIST - TRANSFER - VALIDITY - JURISDICTION - APPOINTMENT - CONDITIONS OF SERVICE - U.P. INTERMEDIATE EDUCATION ACT, 1921 - REGULATIONS FRAMED THEREUNDER - U.P. ACT NO. V OF 1982 - RULES FRAMED THEREUNDER - U.P. SECONDARY EDUCATION SERVICES COMMISSION - PANEL - SELECTION - PRINCIPAL - INSTITUTION - EDUCATIONAL INSTITUTION - MANAGEMENT - COMMITTEE OF MANAGEMENT - DISTRICT INSPECTOR OF SCHOOLS - WRIT PETITION - QUASHING OF ORDER - MANDAMUS - INTERIM ORDER - STAY ORDER - CIVIL PROCEDURE CODE, 1908 - ORDER 22, RULE 10 - ORDER 39, RULES 1 AND 2 - ORDER 41, RULE 5 - ORDER 47, RULE 1.
Fact of the Case:
The Petitioner, a Lecturer in D.A.V. Inter College, Azamgarh, challenged the seniority list published by the Committee of Management, which placed him below Respondent No. 4, Sita Ram Lal. The Petitioner also challenged the order of the District Inspector of Schools upholding the seniority list and the selection proceedings for the post of Principal of the College, where his name was not forwarded to the U.P. Secondary Education Service Commission. The Petitioner filed three writ petitions, which were heard together and decided at the admission stage.
Finding of the Court:
1. The order passed by the District Inspector of Schools dated 30-11-1967 purporting to grant sanction for the transfer of Respondent No. 4 from S.B. Inter College, Terahi, Azamgarh to D.A.V. Inter College, Azamgarh was without jurisdiction and void. 2. The Respondent No. 4 was not entitled to the benefit of the service rendered by him in S.B. Inter College, Terahi, Azamgarh prior to his appointment on 20-7-1966 in D.A.V. Inter College, Azamgarh. 3. The selection proceedings and the panel published by the U.P. Secondary Education Service Commission on 28-6-1991 for appointment on the post of Principal were vitiated due to the omission to consider the claim of the Petitioner. 4. The Petitioner was senior to Respondent No. 4 and was entitled to be considered for appointment on the post of Principal.
Issues: 1. Whether the order passed by the District Inspector of Schools dated 30-11-1967 was without jurisdiction and void? 2. Whether the Respondent No. 4 was entitled to the benefit of the service rendered by him in S.B. Inter College, Terahi, Azamgarh prior to his appointment on 20-7-1966 in D.A.V. Inter College, Azamgarh? 3. Whether the selection proceedings and the panel published by the U.P. Secondary Education Service Commission on 28-6-1991 for appointment on the post of Principal were vitiated due to the omission to consider the claim of the Petitioner? 4. Whether the Petitioner was senior to Respondent No. 4 and was entitled to be considered for appointment on the post of Principal?
Ratio Decidendi: 1. An order passed without jurisdiction is void and can be ignored at any stage. 2. A transfer order passed in excess of jurisdiction vested in the District Inspector of Schools is void and can be ignored at any stage. 3. The pre-requisite conditions for the exercise of the power of transfer not being satisfied, the order of transfer was clearly without jurisdiction. 4. The Respondent No. 4, having applied for a fresh appointment to the post of teacher in D.A.V. Inter College as a direct candidate and accepted the fresh appointment, could not be deemed to have the status of a 'transferee teacher' simply on the strength of the order passed by the District Inspector of Schools dated 30-11-1967. 5. The seniority of teachers working in the same grade in an institution shall be determined on the basis of their substantive appointment in that grade in the said institution. 6. The provisions of Regulation 59-A (c) of the Regulations framed under the U.P. Intermediate Education Act, 1921, which provides that any service rendered by a person before the date of transfer in the institution from which he is transferred shall, for the purpose of the regulation, be deemed to be service rendered under the institution to which he is transferred, cannot be given retrospective effect to the disadvantage of the Petitioner. 7. The Management is put under the legal obligation to forward the names of two senior most teachers for selection of Principal. In case, the Management does not comply with the Rules and fault lies on its part, in that event the entire selection made by the Commission is vitiated.
Final Decision: 1. The writ Petition No. 2496 of 1987 was allowed and the order passed by the District Inspector of Schools dated 19-1-1987 was quashed. 2. The Civil Misc. Writ Petition No. 18885 of 1991 was allowed and the order of the Commission, Respondent No. I dated 28-6-1991 was quashed. 3. The writ Petition No. 12128 of 1991 was allowed in part and the Committee of Management was directed to take proper steps without any further delay for the appointment of the principal of the college in accordance with law, considering the Petitioner senior to the Respondent No. 4.
S.P. Srivastava, J.
In the district of Azamgarh there is an educational institution being run in the name and style of D.A.V. Inter College which imparts education up to the standard of Intermediate classes and is recognised under the provisions of the U.P. Intermediate Education Act and the regulations framed there under. In the educational session 1985-86 a seniority list of the teachers employed in the aforesaid institution was published in accordance with the provisions contained in regulation 3 of Chapter II of the Regulations framed under the U.P. Intermediate Education Act. In the aforesaid seniority list pertaining to the Lecturers the name of Sri Sita Ram Lal, Respondent No. 4 was placed at serial No. 6 and the name of the Petitioner was placed at serial No. 8.
2. Feeling aggrieved by the decision of the Committee of Management regarding his placement in the seniority list, the Petitioner filed an appeal before the District Inspector of Schools, Azamgarh claiming seniority over the respondent No. 4 and asserting that his name should have been placed at serial No. 6. He claimed seniority over and above Shri Raj Kishore Singh, Respondent No. 3 as well as Shri Sita Ram Lal.
3. The aforesaid appeal was decided by the District Inspector of Schools vide his order dated 19-1-1987, where under he upheld the decision of the Committee of Management.
4. Feeling aggrieved by the decision of the District Inspector of Schools, the Respondent No. 1, the Petitioner filed Civil Misc Writ Petition No. 2496 of 1987 praying for the quashing of the order dated 19-1-1987 and for a direction to the Respondent Nos. 1 and 2 not to treat him as junior to Raj Kishore Singh and Sita Ram Lal.
5. During the pendency of the aforesaid writ petition, a clear vacancy in the post of the principal of the D.A.V. Intermediate college came into existence on 1-7-88. The proceedings for filling up of the aforesaid vacancy were started under the provisions of U.P. Act No. V of 1982 and the vacancy of advertised in the year 1990 on 26-12-1990. Names of Sita Ram Lal and Raj Kishore Singh were sent to the Commission in accordance with the Rule 4 of the Rules framed under U.P. Act No. IV of 1981.
6. At the above stage, one Raj Mani Varma, who was also a Lecturer in the aforesaid college-filed a Civil Misc. Writ petition in this Court being Civil Misc. Writ Petition No. Nil of 1991, claiming seniority over Sita Ram Lal, the Respondent No. 4 and praying that he was eligible for being considered for appointment as principal of the College on the basis of seniority but his name had not been forwarded by the Committee of Management to the U.P. Secondary Education Service Commission.
7. Considering the above claim, a learned Single Judge of this Court directed that Raj Mani Varma should make a representation before the Committee of Management, which shall decide the matter of seniority of the Petitioner at the earliest, if possible before 30-4-1991 and if Rajmani Varma was found eligible his name shall be forwarded to the Commission for consideration of appointment on the post of principal. This writ petition was decided on 24-4-91.
8. While the Civil Misc. Writ Petition No. 2496 of 1987 was pending, the U.P. Secondary Education Services Commission issued an order where-under Shri Raj Kishore Singh was called for interview in the proceedings relating to the selection of a suitable person for appointment on the post of principal of the college.
9. As has already been pointed out above, the Petitioner was claiming seniority over Raj Kishore Singh as well as Sita Ram Lal. He, therefore, filed Civil Misc Writ Petition No. 12128 of 1991 on 24-9-1991, praying for the quashing of the order dated 9-4-1991 calling Sita Ram Lal for appearing at the interview to be held by the Commission and for the issue of a direction to the Committee of Management to forward the service record of the Petitioner for being considered by the Commission for appointment on the post of principal, b
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