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Allahabad High Court · body

2012 DIGILAW 2335 (ALL)

MAHENDRA SINGH v. STATE OF U. P.

2012-10-05

V.K.SHUKLA

body2012
JUDGMENT Hon’ble V.K. Shukla, J.—In the present case petitioner claims that his claim for promotion on the post of Lecturer in Civics has not at all been considered under 50% promotional quoted. 2. Brief background of the case as mentioned in the writ petition is that petitioner had been selected as Assistant Teacher in L.T Grade by U.P. Secondary Education Services Selection Board on 30.7.2004 and in pursuance to the panel issued by the Board appointment letter has been issued to the petitioner and thereafter he submitted his joining in institution in question. Petitioner claims that his appointment has been duly approved by District Inspector of Schools vide order dated 20.12.2004. Petitioner submits that post of Lecturer in Civics fell vacant on 1.7.2012 on account of retirement of one Raj Kumar Singh Tyagi on 30.6.2012. Petitioner submits that said post in question falls within 50% promotional quota. Petitioner submits that he is senior most Assistant Teacher in L.T. Grade and has completed five years regular service, and petitioner claims that his claim for promotion has not at all been considered inspite of fact that he is fully eligible and qualified as he has to his credit M.A. in Political Science. 3. Sri B.P. Yadav, Advocate contended with vehemence that in the present case petitioner by virtue of being senior most Assistant Teacher in L.T. Grade and fully eligible and qualified, his claim for grant of promotion on the post of Lecturer in Civics in all eventuality ought to has to be considered, as such writ petition deserves to be allowed. 4. Countering the said submission, learned Standing counsel, as well as Sri Bheem Singh, Advocate on the other hand contended that petitioner lacks minimum eligibility criteria for being accorded promotion in view of Rule 14 of the 1998 Rules, as such writ petition is liable to be dismissed. 5. In order to appreciate respective arguments raised on behalf of the parties Rule 14 of U.P. Secondary Education Services Selection Board Rules 1998 being relevant is extracted below : Rule 14 of Rules 1998 14. 5. In order to appreciate respective arguments raised on behalf of the parties Rule 14 of U.P. Secondary Education Services Selection Board Rules 1998 being relevant is extracted below : Rule 14 of Rules 1998 14. Procedure for recruitment by promotion.—(1) Where any vacancy is to be filled by promotion all teaches working in trained graduates grade or certificate of training grade, if any, who possess the qualification prescribed for the post and have completed five years continuous regular service as such on the first day of the year of recruitment shall be considered for promotion to the lecturers grade or the trained graduates grade, as the case may be, without their having applied for the same. Note.—For the purposes of this sub-rule, regular service rendered in any other recognised institution shall be counted for eligibility unless interrupted by removal dismissal or reduction to a lower post. (2) The criterion for promotion shall be seniority subject to the rejection of unfit. (3) The Management shall prepare a list of teachers referred to in sub-rule (1), and forward it to the Inspector with a copy of seniority list, service records, including the character rolls, and a statement in the pro forma given in Appendix-A (4) Within three weeks of the receipt of the list from the management under sub-rule (3), the Inspector shall verify the facts from the record of his office and forward the list to the Joint Director. (5) The Joint Director shall consider the cases of the candidates on the basis of the records referred to in sub-rule (3) and may call for such additional information as it may consider necessary. The Joint Director shall place the records before the Selection Committee referred to in sub-section (1) of Section 12 and after the Committee’s recommendation, shall forward the panel of selected candidates within one month to the Inspector with a copy thereof to the Management. (6) With ten days of the receipt of the panel from the Joint Director under sub-rule (5) the Inspector shall send the name of the selected candidates to the Management of the institution which has notified the vacancy and the Management shall accordingly on authorization under its resolution issue the appointment order in the proforma given in Appendix ‘’F’ to such candidate. 6. 6. Sub-Section (2) of Section 12 of U.P. Act No. V of 1982 provides that procedure of selection of candidates for promotion to the post of a teacher shall be such as may be prescribed. Rule 14 of the Rules 1998 provides where any vacancy is to be filled by way of promotion all teachers working in trained graduates grade or C.T grade, if any, who possess the qualifications, prescribed for the post and have completed five years continuous regular service as such on the first day of the year of recruitment shall be considered for promotion to the lecturers grade or the trained graduates grade, as the case may be, without their having applied for the same. Further note has also given for the purposes of this sub-rule, regular service rendered in any other recognised institution shall be counted for eligibility unless interrupted by removal dismissal or reduction to a lower post. Sub-Rule (2) of the Rule 14 of the Rules provides criterion for promotion shall be seniority subject to the rejection of unfit. Sub-Rule (3) of the Rule 14 of the Rules provides Management shall prepare a list of teachers referred to in sub-rule (1), and forward it to the Inspector with a copy of seniority list, service records, including the character rolls, and a statement in the pro forma given in Appendix-A. Sub-Rule (4) of the Rule 14 of the Rules provides that within three weeks of the receipt of the list from the management under sub-rule (3), the Inspector shall verify the facts from the record of his office and forward the list to the Joint Director. Sub-Rule (5) of the Rule 14 of the Rules provides that Regional Joint Director of Education shall consider the cases of the candidates on the basis of the records referred to in sub-rule (3) and may call for such additional information as it may consider necessary. The Joint Director shall place the records before the Selection Committee referred to in sub-section (1) of Section 12 and after the Committee’s recommendation, shall forward the panel of selected candidates within one month to the Inspector with a copy thereof to the Management. The Joint Director shall place the records before the Selection Committee referred to in sub-section (1) of Section 12 and after the Committee’s recommendation, shall forward the panel of selected candidates within one month to the Inspector with a copy thereof to the Management. Sub-Rule (6) of the Rule 14 of the Rules provides that with ten days of the receipt of the panel from the Joint Director under sub-rule (5) the Inspector shall send the name of the selected candidates to the Management of the institution which has notified the vacancy and the Management shall accordingly on authorisation under its resolution issue the appointment order in the proforma given in Appendix ‘’F’ to such candidate. The Rule in question is thus, self contained, as for as eligible criteria and procedure part is concerned. 7. Said Rules have been subject-matter of interpretation before this Court on numerous occasion Division Bench of this Court, in the case of Subhash Prasad v. Regional Selection Committee, 2004 (3) ESC 1385, has clearly taken the view that the first day of year of recruitment is that year of recruitment in which the vacancy is ascertained. Said view has been followed in the case of Poonam v. State of U.P., 2008(1) ADJ 273 (DB), by mentioning that for the purposes of eligibility and qualification, it is the year of recruitment in which vacancy occurred would be relevant date and not the date when Management sought to fill up the vacancy as eligibility and qualification would not depend on the sweet will of Management but on fixed criteria determined by laws, i.e. “year of recruitment” in which vacancy occurred. Similar view has been followed in the case of Vijai K. Singh v. Joint Director of Education, 2008 (1) ADJ 183 (DB). 8. On the parameter of the provision and the judgments quoted above, factual situation which is emerging in the present case, that post of Lecturer in Civics has fallen vacant on 30.6.2012. 9. At the said point of time relevant eligibility criteria provided for promotion, has been provided for in Chapter II Regulation 6 of U.P. Act No. II of 1921, and the eligibility criteria was to be seen, in reference to the date of occurrence of vacancy. 9. At the said point of time relevant eligibility criteria provided for promotion, has been provided for in Chapter II Regulation 6 of U.P. Act No. II of 1921, and the eligibility criteria was to be seen, in reference to the date of occurrence of vacancy. After enforcement of U.P. Act No. V of 1982, under U.P. Secondary Education Services Selection Commission Rules 1983, Rule 9 also emphasised for having put in at least 5 years continuous service on the date of occurrence of vacancy to be considered for promotion. Under U.P. Secondary Education Services Selection Commission, Rules 1995 thereafter shift has been made, in the eligibility criteria for promotion, and in Rule 14 it has been provided, that where any vacancy is to be filled by promotion, all teachers in L.T. Grade, who possess the qualification prescribed for the post and have completed five years continuous service, as such on the first day of year of recruitment shall be considered for promotion to the Lecturers grade. 10. Under Rule 14 of 1998 Rules also, five years, continuous regular service, has to be completed on the first day of year of recruitment. “Year of recruitment” stands defined under Section 2(l) of U.P. Act No. V of 1982, meaning a period of twelve months commencing from first day of July of Calender year. 11. Consequently, Regional Joint Director of Education 12th Region Moradabad is directed to consider claim of the petitioner and other similarly situated eligible teacher strictly as per the provision as contained under U.P. Act No. V of 1982 and Rules 1998 preferably within three months from the date of presentation of certified copy of the order passed by this Court. 12. Consequently, present writ petition is disposed of. ——————