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Allahabad High Court · body

1990 DIGILAW 266 (ALL)

Sangam Lal Panday v. State of U. P

1990-03-08

S.K.DHAON, S.K.MOOKERJEE

body1990
JUDGMENT S. K. Dhaon And S. K. Mookerjee, JJ. - The U. P. Madhyamik Siksha Seva Ayog was required to approve a candidate for being appointed as the lecturer of the Bapu Uprandh Inter College, Lalganj, Mirzapur. It appears that the Committee of Management forwarded the name of the petitioner, Teacher in in the L. T. grade in the Institution. The Deputy Secretary of the Ayog by a communication, dated 6th January, 1990, informed the Deputy Director of Education, Vth Region, Varanasi that in view of the fact that the vacancy of the pest of Lecturer in the institution concerned occurred on 30th June, 1987 aDd since the petitioner passed the M. A. final examination on 21st July, 1987, be (the petitioner) was not qualified to be considered for appointment as Lecturer. This communication is being impugned in the present writ petition. 2. Sri V. N. Singh has put in appearance on behalf of the Ayog. The Standing Counsel represents the respondents Nos. 1, 3 and 4. Sri Singh has produced the relevant record before us for our perusal. As the facts are not in dispute, we have not considered in necessary to call for a counter-affidavit. We are proceeding to dispose of this writ petition finally with the consent of learned counsel for the parties. 3. The last paper of the M. A. final examination, in which the petitioner appeared, was held on 25th April, 1987. The vacancy was declared on 30th June 1987. On 21st July, 1987, the result of the M. A. final examination was announced and the petitioner was declared to have passed, 4. Having heard learned counsel for the parties, we feel that having regard to the facts and circumstances of the instant case there can be no difficulty in taking the view that the petitioner will deemed to have passed the M. A. final examination on 25th April, 1987. Thus, on 30th June, 1987, the petitioner fulfilled the requisite qualification of having in his possession a decree of Master of Arts. We are not making any comment on the other requisite qualifications which have yet to be examined by the Ayog. The Ayog shall now re-examine the case of the petitioner in the light of the recommendation of the Committee of Management and also in the light of other relevant rules in regard to the qualifications of the petitioner. We are not making any comment on the other requisite qualifications which have yet to be examined by the Ayog. The Ayog shall now re-examine the case of the petitioner in the light of the recommendation of the Committee of Management and also in the light of other relevant rules in regard to the qualifications of the petitioner. The impugned communication of the Deputy Secretary of the Ayog shall not be given effect to. The Ayog shall give its decision as expeditiously as possible. 5. Sri Singh points out that the Ayog shall be entitled to consider the cases of other teachers as well. The Ayog, may consider the cases of other teachers as well. It goes without saying that the Ayog will deal with the matter on merits and in accordance with law. 6. With these observations, the writ petition is disposed of finally. 7. A certified copy of this order may be given to the learned counsel for the petitioner on payment of usual charges within three days.