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IN THE HIGH COURT OF ALLAHABAD
Vivek Agarwal, J.
Rama Shanker Prasad – Petitioner
Versus
State Of U.P. And Others – Respondents
Writ - A No. - 6792 of 2020
Decided On : 03-09-2020
U.P. Intermediate Education Act, 1921 – Section 2 – U.P. Secondary Education Services Selection Board Rules, 1998 – Rule 14 – Appointment – Petitioner who is a Assistant Teacher in L.T. Grade, a post on which he was appointed on the recommendations of the U.P. Secondary Education Services Selection Board and was recommended to be appointed in the Balmiki Inter College, Balua, District-Chandauli has filed this petition mentioning therein that he possesses a Post-graduate Degree in physics and is fully qualified for holding the post of Lecturer in Physics. –
Finding of the Court:
In absence of any challenge to the seniority of Sri Mahtab Ahmad in the feeder cadre of Assistant Teacher, L.T. Grade over the petitioner, when Scheme of Promotion is examined as contained in Rule 14 then it is evident that the Management of the College acted illegally and arbitrarily in forwarding the name of the petitioner for promotion to the post of Lecturer, Physics in preference to the respondent no.5 who is admittedly senior to the petitioner in the feeder cadre. – Ratio of the law laid down in case of B.P. Tripathi (supra) and Pati Ram Pal (supra) in fact are against the petitioner and have no application to his benefit. – Thus, the impugned order dated 23.07.2020 cannot be faulted with. – Other grounds like violation of principles of natural justice and not providing complete opportunity of hearing to the petitioner is not germane in cases where there is clear infraction of the statutory provisions. – Law laid down by Hon’ble Supreme Court in case of U.P. Junior Doctors’ Action Committee Vs. B. Sheetal Nandwani (Dr.) as reported in AIR 1991 SC 909 is relevant wherein, it has been held that where a benefit is obtained by committing fraud, the Authorities are not obliged to comply with the principles of natural justice before cancelling the advantage obtained by such fraud – It has been held that where because of widespread illegalities and irregularities committed in conducting a selection, the process is cancelled, the same cannot be faulted on the ground of violation of principles of natural justice because individuals in the select list were not given an opportunity of being heard before such cancellation. – It is apparent that the benefit of promotion was obtained by committing fraud in collusion with the Management Committee and in violation of the statutory rules and regulations. – The act of the Management Committee in favouing the petitioner is fraught with illegalities and irregularities, therefore, cancellation of such promotion order cannot be faulted on the ground of violations of principles of natural justice saying that petitioner was not given full opportunity of hearing before passing of the impugned order. –
Result:Petition Dismissed
JUDGMENT :
1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Siddharth Khare for the petitioner and Sri Radha Kant Ojha, learned Senior Advocate assisted by Sri Harish Chandra Dubey for the respondent no.5.
2. Petitioner who is a Assistant Teacher in L.T. Grade, a post on which he was appointed on 03.12.2010 on the recommendations of the U.P. Secondary Education Services Selection Board and was recommended to be appointed in the Balmiki Inter College, Balua, District-Chandauli has filed this petition mentioning therein that he possesses a Post-graduate Degree in physics and is fully qualified for holding the post of Lecturer in Physics.
3. It is submitted that there are 10 sanctioned post of Lecturer in the Balmiki Inter College, Balua. In the year 2019, the U.P. Secondary Services Selection Board (hereinafter referred to as ‘Board’) notified the select list of Principals of privately managed aided Institutions. In the select list published by the Board, two Lecturers of the Balmiki Inter College, Balua namely Virednra Pratap Tiwari, Lecturer in Sanskrit and Ashok Kumar Singh, Lecturer in Physics were selected for appointment as Principal of different Institutions. It is submitted that Sri Ashok Kumar Singh, Lecturer in Physics joined at his place of posting as Principal on 31.08.2019 while Sri Virendra Pratap Tiwari joined at his place of posting as Principal on 20.09.2019.
4. It is submitted that since vacancy in the cadre of Lecturer in the subject of Physics had occurred on 31.08.2019, therefore, petitioner being the senior most Assistant Teacher in L.T. Grade possessing requisite qualifications for promotion to the post of Lecturer in Physics should have been promoted and to this effect petitioner had moved an application before the College-Authority, therefore when the Committee of Management convened its Meeting on 19.01.2020 it passed a Resolution recommending the name of the petitioner for promotion to the post of Lecturer, Physics, copy of such resolution is enclosed as Annexure-2.
5. It is petitioner’s case that when the Resolution passed by the Committee of Management was forwarded to the District Inspector of Schools for onward transmission to Regional Promotion Committee, then vide communication dated 19.05.2020, District Inspector of Schools, Chandauli raised various objections which were duly replied by the Management vide reply dated 29.05.2020. Thereafter, according to the petitioner, Joint Direction of Education, Varanasi Region, Varanasi, vide order dated 05.06.2020 approved the proposed promotion of the petitioner as a result of which, the District Inspector of Schools informed the Management of Balmiki Inter College to pass orders of promotion for the petitioner as Lecturer, Physics and accordingly the Management of the College had issued appointment order dated 08.06.2020 in favour of the petitioner and accordingly petitioner had joined on the post of Lecturer, Physics on 08.06.2020.
6. It is submitted that a communication was sent by the former M.L.C. who has been impleaded as respondent no.6 addressed to the Joint Director of Education, 5th Mandal, Varanasi highlighting the irregularities in the promotion process when District Inspector of Schools, taking cognizance of such communication asked the Management of the Inter College to submit its explanation along with all the relevant documents.
7. To this D.O. letter, reply was furnished by the College Management pointing out that Ashok Kumar Singh was appointed on the vacant temporary post on 11.01.1996 and he continued to work upto 31.08.2019. He was paid salary in terms of the orders of the High Court. It is mentioned that on 01.09.2019 when the post of Lecturer, Physics became vacant, then promotion of the petitioner was made under the prescribed 50% quota for promotion.
8. It is petitioner’s contention that thereafter, vide order dated 22.06.2020, it was proposed to cancel the promotion of the petitioner and thereafter vide order dated 23.07
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