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2009 Supreme(UK) 581
2010 (1) UAD 394
UTTARAKHAND HIGH COURT
Hon’ble Mr. Justice Prafulla C. Pant
Writ Petition No. 1270 of 2008 (S/S) Along with
Writ Petition No. 914 of 2008 (S/S) and Writ Petition No. 970 of 2008 (S/S)
SMT. SUMAN LATA BISHT – Petitioner
Versus
STATE OF UTTARAKHAND & ORS. – Respondents
In Writ Petition No. 1270 of 2008 (S/S)
In Writ Petition No. 914 of 2008 (S/S)
In Writ Petition No. 970 of 2008 (S/S)
Decided on : 30.11.2009
For the Petitioner:Mr. S.K. Posti, Advocate
For the Respdts No. 1, 4 & 5 : Mr. N.P. Sah, Standing Counsel
For the Petitioner:Mr. M.C. Pant, Advocate
For the Respdts No. 1 to 3 : Mr. N.P. Sah, Standing Counsel
Headnote:(A) Service Matter — If any candidate fulfills necesary qualification in the year of his/her recruitment — He/she could not be denied consideration for promotion — Impugned order, accordingly quashed — The promotion of the petitioner, restored. (Para 7)
(B) Uttaranchal State Commission for other Backward Classes Act, 2003, Sec. 9(1) — Clause (c) of Sec. 9, empowers the Commission to enquire into the complaints relating to deprivation of rights of the other backward classes — The Commission after enquiry can make a recommendation or report to the State Government after giving its opinion — But, the Act nowhere empowers the Commission to pass an order like a Court or appellate authority to set aside an order passed by a competent authority. (Para 6)
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In these three writ petitions, common question of fact and law is involved, as such, are being taken up and decided together.
2. Heard learned counsel for the parties and perused the papers on record.
3. Brief facts of the case are that, on 30th of June 1998, post of Principal fell vacant in a Government aided College, known as Dayanand Kanya Intermediate College, Subhash Nagar, District Dehradun (hereinafter referred as the College) against which the then senior most teacher Smt. Arshdeep Kaur took over on 01.07.1998, as officiating/Ad hoc Principal. Her services were regularized vide order dated 21.01.2008, by District Education Officer, Dehradun, w.e.f. 22.04.2006. Consequently, a post of Lecturer fell vacant for promotion in the College to be filed by promotion from amongst the senior most eligible teachers of L.T. Grade. Smt. Suman Lata Bisht [petitioner of Writ Petition No. 1270 (S/S) 2008 and Writ Petition No. 970 (S/S) of 2008] was the Senior most teacher, and next to her was Smt. Sushma Rani (petitioner of Writ Petition No. 914 (S/S) of 2008). The case of Smt. Sushma Rani is that on 22.04.2006, she was the only eligible teacher in L.T. Grade for promotion, as Smt. Suman Lata Bisht, senior to her, did not possess postgraduate degree required for the promotion. It appears that before the exercise of promotion could be taken up in the year 2008 by the Committee of Management of said College, Smt. Suman Lata Bisht had already got the requisite postgraduate degree. She made a representation that being senior most teacher with five years experience in L.T. Grade, with postgraduate degree she be promoted on the post of Lecturer. On the other hand, Smt. Sushma Rani claimed her promotion on the basis of her qualification as on 22.04.2006. The representation of Smt. Sushma Rani was rejected by the District Education Officer, vide his order dated 27.08.2008. On this, Smt. Sushma Rani filed a complaint before the Chairman, Other Backward Classes Commission, Uttarakhand, that she was being harassed for being a member of the other backward class. Meanwhile, Smt. Suman Lata Bisht filed Writ Petition No. 970 (S/S) of 2008, and obtained an order dated 29.09.2008 from this Court, directing the District Education Officer, Dehradun, to take a decision on the resolution sent by the Committee of Management of said College for promotion in her favour. The District Education Officer, Dehradun, on this, vide his letter dated 13.10.2008 granted approval on the resolution of Committee of Management of said College, and Smt. Suman Lata Bisht stood promoted to the post of Lecturer in the College. Smt. Sushma Rani also filed Writ Petition No. 914 (S/S) of 2008 before this Court, challenging the promotion of Smt. Suman Lata Bisht. It appears that the Other Backward Classes Commission, Uttarakhand, called the Director of Education and the Principal of said College before it and heard the matter on the complaint of Smt. Sushma Rani, and passed impugned order dated 19.11.2008, holding that promotion of Smt. Suman Lata Bisht is against the law and directed that Smt. Sushma Rani be promoted w.e.f. 22.04.2006. Said order is challenged by Smt. Suman Lata Bisht in Writ Petition No. 1270 (S/S) of 2008.
4. The stand taken by the State Government and the District Education Officer, Dehradun, is that Smt. Suman Lata Bisht was senior in L.T. Grade to Smt. Sushma Rani, not only in experience but also in age. Her name figures above in the seniority list as against Smt. Sushma Rani, but on 22.04.2006, Sushma Rani was not only having experience of five years but also had a postgraduate degree. By the time Smt. Arshdeep Kaur was regularized on the post of Principal of said College in 2008, Smt. Suman Lata Bisht had also obtained postgraduate degree and she had experience in L.T. Grade more than that of Smt. Sushma Rani. As such, on the resolution of the Committee of Management of the College, Smt. Suman Lata Bisht was given promotion on the post of Lecturer
