Research › Search › Judgment

Allahabad High Court · body

2002 DIGILAW 1325 (ALL)

Sarvajeet Singh Shastri v. Director Of Education (Madhyamik)

2002-09-20

A.K.YOG

body2002
JUDGMENT : - A. K. Yog, J. 1. HEARD Sri G. K. Singh, Advocate, on behalf of the petitioner and learned standing counsel, Sri Ajay Bhanot on behalf of the respondents and perused record of the case. 2. THE petitioner, Sarvajeet Singh Shastri, was working as Assistant Teacher (L.T. grade) in a recognized Intermediate College ; namely Gandhi Smarak Inter College, Sahabganj, Varanasi (called the College). He claims to satisfy all requisite qualifications/conditions for being promoted on the post of Lecturer in the college since he possessed M. A. Degree with B.Ed. and also 'Shastri' Degree from Government Sanskrit College, the erstwhile Kashi Vidya Peeth, Varanasi and is fully eligible for being promoted on the post of Lecturer (Hindi). 3. THERE is no dispute that provisions of U. P. Intermediate Act, 1921 (as amended up to date), 'Regulations' framed thereunder and U. P. High School and Intermediate College (Payment of Salaries of Teachers and Other Employees) Act, 1971, and U. P. Secondary Service Commission Act, 1982, are applicable to the college in question. 4. A short-term vacancy occurred on the post of Lecturer (Hindi) since the incumbent on the said post was given ad hoc promotion on the post of Principal. The petitioner submitted his claim against aforesaid short-term vacancy. 5. IT appears that initially one Ram Pal Singh, an Assistant Teacher, who was senior to the petitioner, was promoted against aforementioned post of Lecturer (Hindi) on 21.6.1996 and District Inspector of Schools accorded approval to it on May 21, 1997. Being aggrieved petitioner filed an appeal before respondent No. 2, Deputy Director Education (Madhyamik), V Region, Varanasi and said appeal was allowed which gave cause of action to the aforementioned Ram Pal Singh who filed Writ Petition No. 10308 of 1998 which was disposed of with the direction to approach Director of Education. Director of Education on being approached by aforesaid Ram Pal Singh rejected his claim but made observations against petitioner also vide order dated 20.5.1998. 6. Director of Education on being approached by aforesaid Ram Pal Singh rejected his claim but made observations against petitioner also vide order dated 20.5.1998. 6. PETITIONER, initially filed representation before the concerned authority but nothing being done, he filed Writ Petition No. 29209 of 1998 which was again disposed of with the direction to the concerned authority (namely Director of Education (Secondary), U. P.) to decide the representation of the petitioner within a period of two months from the date of production of a certified copy of the order and that is how the representation of the petitioner came up for consideration before the concerned authority/ respondent No. 2 who rejected it vide impugned order dated 29.12.1999/ Annexure-1 to the writ petition. 7. THE Director of Education, while discussing the case of the petitioner referred to academic qualifications of the petitioner and observed that petitioner had passed Shastri examination with General Sanskrit under compulsory subject which was not equivalent to passing of Sanskrit subject at B.A. level. THE reasoning given by the authority appears to be that petitioner having passed Sanskrit Examination of Kashi Vidya Peeth with General Sanskrit did not pass Shastri Examination with Sanskrit as a regular subject so as to treat him equivalent to B.A. with Sanskrit. 8. THE Director of Education (Secondary) has clearly proceeded under misapprehension. THE qualification required for Lecturer (Hindi) to teach Intermediate Classes are given under Chapter II Appendix-A in the Regulations framed under U. P. Intermediate Education Act and relevant Extract of it reads : Hindi Teacher M.A. in Hindi and B.A. Intermediate with Sanskrit or for Classes Shastri Examination (11-12) of Government Sans-krit College, Varanasi, (Now Sampurnanand Sanskrit University, Varanasi). 9. FROM the relevant provisions containing academic qualifications required for Lecturer (Hindi) in Intermediate Colleges are as follows : (i) M.A. in Hindi and B.A. with Sanskrit or (ii) Shastri Examination of Government Sanskrit College, Varanasi (Now Sampurnanand Sanskrit University, Varanasi). 10. IF an Assistant Teacher has Degree of M.A. (in Hindi) and has passed B.A. with Sanskrit, he shall be academically qualified for being considered for promotion on the post of Lecturer (Hindi). Similarly, an Assistant Teacher (L.T. grade) who has passed M.A. in Hindi and also passed 'Shastri' Examination from Government Sanskrit College, now Sampurnanand Sanskrit University, Varanasi, shall also be academically qualified for promotion on the post of Lecturer (Hindi). 11. Similarly, an Assistant Teacher (L.T. grade) who has passed M.A. in Hindi and also passed 'Shastri' Examination from Government Sanskrit College, now Sampurnanand Sanskrit University, Varanasi, shall also be academically qualified for promotion on the post of Lecturer (Hindi). 11. IN the present case, concerned authority while passing the impugned order, mixed up the two alternative qualifications. The error in the impugned order is, apparent on the face of the record and, consequently, deserves to be quashed. 12. IN the result the impugned order dated 29.12.1999 passed by respondent No. 2/Deputy Director of Education (Secondary), Region V, Varanasi/Annexure-1 to the writ petition to the extent it relates to the petitioner only is hereby quashed without disturbing the said order with respect to other persons with direction to the respondents to complete the formality for according promotion to the petitioner within six weeks of the receipt of a certified copy of this judgment provided he does not lack any other requirement for being promoted from the post of Assistant Teacher to the post of Lecturer (Hindi) in the college and treat him as having been duly promoted from the date he ought to have been promoted treating him notionally serving as Lecturer and accord benefit of seniority and all other privileges (except arrears of salary). Writ petition stands allowed. No order as to costs.