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Allahabad High Court · body

2006 DIGILAW 1209 (ALL)

Km. Anjali Pipla, Sri Panna Lal v. State of U. P.

2006-04-28

TARUN AGARWALA

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TARUN AGARWALA, J. ( 1 ) THE petitioner, Manoj Kumar Yadav, respondent No. 5 and Hira Lal, respondent No. 6 were selected for being appointed as lecturers in Biology and as per the select list prepared by the selection Board, Sri Hira Lal was placed at serial No. 51, the petitioner was placed at serial No. 54 and, Manoj Kumar Yadav was placed at serial No. 58. The select list also showed that all the three candidates were recommended for being appointed in C. A. V. Inter College, Allahabad. ( 2 ) THE petitioner contends that the Committee of Management vide resolution dated 14. 10. 2003 and 1. 11. 2003 had notified the Selection Board that there were five vacant posts of lecturers which were required to be filled up by direct recruitment from the candidates belonging to the schedule Caste/ Schedule Tribes. It is alleged that based on the aforesaid letter, the Principal, vide letter dated 11. 2. 2005, again intimated the Board that a vacancy on the post of lecturer in biology was required to be filled up by a Schedule Caste candidate. The petitioner alleges that the Board issued a letter dated 21. 3. 2005 in favour of Hira Lal for being appointed as a lecturer in Biology in the said institution. The District Inspector of Schools by an order dated 23. 6. 2005 declined to allow Hira Lal to join on the said post on the ground that a similar letter of appointment was issued in favour of Manoj Kumar Yadav, who had been permitted to join the said post. While all this was happening, the petitioner was also issued a letter dated 21. 3. 2005 from the Selection Board recommending her name for being appointed as a lecturer in Biology in c. A. V. Inter College, Allahabad. The District Inspector of Schools by a letter dated 11. 7. 2005 declined to appoint the petitioner in the institution and intimated the Board that there was no vacancy in the institution and requested the Board to adjust the petitioner in some other institution where a vacancy existed. Consequently, the petitioner filed the present writ petition for the quashing of the order dated 17. 6. 2005, by which the District Inspector of Schools had directed the Principal of C. A. V. Inter College, Allahabad to issue an appointment letter in favour of Manoj Kumar Yadav, respondent No. 5. Consequently, the petitioner filed the present writ petition for the quashing of the order dated 17. 6. 2005, by which the District Inspector of Schools had directed the Principal of C. A. V. Inter College, Allahabad to issue an appointment letter in favour of Manoj Kumar Yadav, respondent No. 5. The petitioner has also prayed for the quashing of the order of the District Inspector of Schools dated 11. 7. 2005 by which he has declined to appoint the petitioner in the institution concerned and has further prayed that a direction be issued to the respondents to give an appointment to the petitioner on the post of lecturer in Biology in C. A. V. Inter College, Allahabad. ( 3 ) HEARD Sri Krishna ji Khare, the learned Counsel for the petitioner, Standing Counsel for the respondent Nos. 1 and 3, Sri A. K. Yadav, the learned Counsel for the respondent No. 2 and Sri ashok Khare, Sr. Advocate assisted by Sri Narendra Kumar Chaturvedi for the respondent No. 5. ( 4 ) THE learned Counsel for the petitioner submitted that the Committee of Management in its resolution dated 14. 10. 2003 and 1. 11. 2003 and subsequently by a letter dated 22. 1. 2005 had intimated the Selection Board that the post of Biology was required to be filled up by a candidate belonging to a Schedule Caste or Schedule Tribe category. The petitioner is a Schedule Caste and that Hira Lal was also a Schedule Caste. Whereas, Hira Lal declined to accept the appointment, consequently, the petitioner being a Schedule Caste, and also placed at serial No. 54 of the select list, was liable to be given an appointment in the institution concerned. On the other hand, the respondents have illegally given an appointment to Manoj Kumar Yadav, who is an OBC candidate and was also placed at serial No. 58 of the select list. Therefore, the appointment of respondent No. 5, Manoj Kumar Yadav was illegal and was liable to be quashed. ( 5 ) THE counter affidavit of District Inspector of Schools, the Selection Board as well as the respondent No. 5 indicates that the intimation of the vacancies notified by the Principal was amended by the District Inspector of Schools on 11. 2. 2005 and the District Inspector of Schools had intimated the Selection Board vide letter dated 23. 2. ( 5 ) THE counter affidavit of District Inspector of Schools, the Selection Board as well as the respondent No. 5 indicates that the intimation of the vacancies notified by the Principal was amended by the District Inspector of Schools on 11. 2. 2005 and the District Inspector of Schools had intimated the Selection Board vide letter dated 23. 2. 2005 that the post of lecturer in Biology was required to be filled up by an OBC candidate. Based on the aforesaid fact, even though the selection Board had recommended the name of three persons for being appointed on a single post of lecturer in Biology in the institution, the appointment of respondent No. 5, Manoj Kumar yadav was perfectly justified and the District Inspector of Schools had rightly declined to forward the name of the petitioner for being appointed as a lecturer in Biology in that institution, since the said post was required to be filled up by an OBC candidate. ( 6 ) BEFORE proceeding further, it would be appropriate to consider a few provisions of the Act and the Rules. The appointment of teachers in Secondary Institution recognised by the Board of High school and Intermediate Education is governed by the Intermediate Education Act, 1921 and the regulation made therein. The selection of the teachers is governed under the provisions of the u. P. Secondary Education Service and Selection Board Act, 1982. Section 10 of the Act provides the procedure for the selection of a candidate for an appointment as a lecturer by direct recruitment. The said provision is quoted hereunder: 10. Procedure of selection by direct recruitment.- (l) For the purpose of making appointment of a teacher, by direct recruitment, the management shall determine the number of vacancies existing or likely to fall vacant during the year of recruitment and in the case of a post other than the post of Head of the Institution, also the number of vacancies to be reserved for the candidates belonging to the Scheduled Castes, the Scheduled Tribes and other Backward Classes of citizens in accordance with the Uttar Pradesh Public Services (Reservation for Scheduled Castes, scheduled Tribes and Other Backward Classes) Act, 1994, and notify the vacancies to the Board in such manner and through such officer or authority as may be prescribed. (2)The procedure of selection of candidates for direct recruitment to the post of teachers shall be such as may be prescribed: provided that the Board shall, with a view to inviting talented persons, give wide publicity in the state to the vacancies notified under Sub-section (1 ). ( 7 ) FROM the aforesaid, it is clear that the Management is required to determine the vacancies and notify the same to the Board in such manner as prescribed. The procedure has been prescribed under the Rule 11 of the U. P. Secondary Education Service and Selection Board Rules, 1998 which reads as under: 11. Determination and notification of vacancies.- (1) For the purposes of direct recruitment to the post of teacher, the Management shall determine the number of vacancies in accordance with sub-section (1) of Section 10 and notify the vacancies through the Inspector, or the Board in the manner hereinafter provided. (2) (a) The statement of vacancies for each category of posts to be filled in by direct recruitment including the vacancies that are likely to arise due to retirement on the last day of the year of recruitment, shall be sent in quadruplicate, in the proforma given in Appendix a by the management to the Inspector by July 15 of the year of recruitment and the Inspectors shall, after verification from the record of his office, repair consolidated statement of vacancies of the district subject-wise in respect of the vacancies of lecturer grade, and group-wise in respect of vacancies of trained graduates grade. The Consolidated statement so prepared shall, alongwith the copies of the statement received from the Management, be sent by the Inspector to the Board by July 31 with a copy thereof to the Joint Director: provided that if the State Government is satisfied that it is expedient so to do, it may, by order in writing, fix other dates f (sic) or notification of vacancies to the Board in respect of any particular year of recruitment: ( 8 ) FROM a perusal of the aforesaid, it is clear that the vacancy notified by the Management is verified by the Inspector and thereafter, intimated to the Board which is required to be filled up by an eligible candidate. ( 9 ) FROM the record of the present case, it transpires that the vacancy was notified by the institution indicating that the post of Biology was required to be filled up by a Schedule Caste candidate, but upon verification, the District Inspector of Schools corrected the list sent by the institution and by an order dated 23. 2,2005 intimated the Selection Board that the post of biology was required to be filled up by an OBC candidate. This order of the District Inspector of schools has not been challenged by the petitioner. Further nothing has been indicated or brought on record that pursuant to the resolution dated 14. 10. 2003 and 1. 11. 2003 of the Committee of management, the Inspector had verified that the post was required to be filled up by a Schedule caste candidate. Consequently, under the provisions of Section 10 of the U. P. Secondary education Service and Selection Board Act, 1982 readwith Section 11 of the U. P. Secondary education Service and Selection Board Rules, 1998, the District Inspector of Schools was competent to categorise the post to be filled up by a candidate belong to a particular general category. Nothing has been shown by the petitioner that the post was only required to be filled up by a Schedule Caste candidate. Consequently, even though the Selection Board had recommended the name of the petitioner for being appointed as a lecturer in Biology in the institution concerned, the recommendation sent by the Selection Board was erroneous, inasmuch as, the post was required to be filled up by a candidate belonging to an OBC category. The petitioner could not be given an appointment and she belonged to a Schedule Caste category. ( 10 ) IN view of the aforesaid, the petitioner is not entitled for the relief claimed. The District inspector of Schools, Allahabad is directed to ensure that an appointment is given to respondent no. 5 on the post of lecturer in C. A. V. Inter College, Allahabad. Since the petitioner is also a selected candidate, the petitioner may approach the Selection Board for being adjusted in another institution where a vacancy exists. The District inspector of Schools, Allahabad is directed to ensure that an appointment is given to respondent no. 5 on the post of lecturer in C. A. V. Inter College, Allahabad. Since the petitioner is also a selected candidate, the petitioner may approach the Selection Board for being adjusted in another institution where a vacancy exists. If such an application is made, the Selection Board is directed to pass a fresh order within one month from the date of production of a certified copy of the order allocating another institution where a post of lecturer in Biology exists. ( 11 ) THE writ petition is dismissed with the aforesaid direction. . .