Back
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Sharad Kumar Sharma, J.
Suniti Singh - Appellant
Versus
Managing Director & Anr. - Respondent
Second Appeal No. 2 of 2005
Decided On : 12-03-2021
Permission - Promotion - Intermediate Education Act 1921 - [M.A. (Psychology) degree, Government Order of 1958] - The court discussed the implications of the Government Order of 1958, which required prior permission for teachers to pursue higher education. The plaintiff sought promotion based on her M.A. (Psychology) degree obtained without prior permission. The court held that the degree itself was not invalid, but the manner of its procurement during employment in contravention to the Government Orders rendered it ineligible for promotion. The court found that the denial to consider the degree for promotion did not invalidate the degree obtained from a recognized university. The Second Appeal lacked merit and was dismissed.
Fact of the Case:
The plaintiff sought promotion based on her M.A. (Psychology) degree obtained without prior permission as required by the Government Order of 1958. The court found that the degree itself was not invalid, but the manner of its procurement during employment in contravention to the Government Orders rendered it ineligible for promotion.
Finding of the Court:
The court held that the degree itself was not invalid, but the manner of its procurement during employment in contravention to the Government Orders rendered it ineligible for promotion.
Issues: The issues involved consideration of whether the M.A. (Psychology) degree obtained without prior permission could be considered for promotion, and whether the provisions of the U.P. Intermediate Education Act of 1921 applied to the qualifications required for promotion.
Ratio Decidendi: The court found that the denial to consider the degree for promotion did not invalidate the degree obtained from a recognized university. The Second Appeal lacked merit and was dismissed.
Final Decision: The Second Appeal lacked merit and was dismissed.
JUDGMENT
Sharad Kumar Sharma, J. - This is plaintiff/appellant's, Second Appeal, which has been preferred by her, being aggrieved as against the judgment and decree dated 8th September, 2004, which was rendered by the Court of Civil Judge (Junior Division), Almora, in Civil Suit No. 4 of 1998, Smt. Suniti Singh Vs. Management Committee, Adams Girls Intermediate College, Almora and others. By virtue of the judgment impugned dated 8th September, 2004, and the consequential decree of 14th September, 2004, the Suit, which was preferred by the plaintiff/appellant, for treating her degree of M.A. (Psychology), as a regular candidate, as to be one of the essential qualifications for the purposes of considering, her claim for the grant of promotion in the Institution of the defendant No.1, which was an aided recognised Minority Institution, having the protection of Article 30 of the Constitution of India.
2. Brief facts, which engage consideration in the present Second Appeal, are that as per the plaint averments, in a plaint, which was instituted by the plaintiff/appellant on 18th March, 1998, the plaintiff/appellant, herein, had sought a decree for declaration, to the effect that the defendant No. 2, by way of a decree of mandatory injunction may be directed to treat her degree of MA (Psychology), as to be a valid degree, for the purposes of consideration of her promotion in the Institution of defendant No.1, therein, to be valid.
3. Her contention in the Suit was that the plaintiff/appellant, herein, had completed her graduation with B.A. (Psychology), as one of the subjects, and later on was inducted as a Lecturer in the Institution of the respondents, which was an aided recognized Minority Institution and since she intended to pursue her further studies of completing her M.A. (Psychology), for which, admittedly plaintiff/appellant, case was that she had moved an appropriate application on 27th May, 1996, through the Principal of defendant No.1, for getting a prior permission to pursue her studies and complete her post graduation in the aforesaid subject.
4. Her foundation of pleading in the plaint was that the said application dated 27th May, 1996, remained pending and no order as such was ever passed as such on it. Rather the plaint averment reveals that the plaintiff/appellant has claimed a parity, on the basis of the earlier permission, which had been granted to other identically placed Teachers, working with the respondent No.1, and the example of some of the names was also referred to in para 3 of the plaint.
5. Her plaint contention was that she took her admission in M.A. (Psychology), as a regular candidate, even without waiting for the permission to be granted on her application of 27th May, 1996, by respondent No.1, and to justify to consider the said qualification thus obtained by her, as to be one of the basis for being considered for promotion, since the respondents, she presumed on her own, had permitted and granted leave to the plaintiff/appellant to take the said examination, hence, the qualification acquired by her ought to be treated as to be eligible qualification for being considered to be promoted to the next superior post. But, however, as per the plaint averments, the Management of respondent No.2, vide its communication dated 12.12.1997, declined to accept qualification of M.A. degree, obtained by the plaintiff/appellant, as to be the basis for the grant of promotion, the decree as sought for in the plaint, which was modulated by the plaintiff/appellant in the following manner :-
6. On the institution of the Suit on 18.03.1998, the defendants were noticed and they have filed their written statement, being paper No. 20 Ka dated 01.06.1998, and in the written statement, the defendants have taken a stand that as per the Government Orders, which were in vogue and issued from time to time, it contemplated that the Teachers who are already employed in the Institution, before he or she ventures to go for a higher educa
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
