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2014 DIGILAW 1660 (ALL)

Neeta Srivastava v. State of U. P.

2014-05-21

ABHINAVA UPADHYA

body2014
JUDGMENT Hon'ble Abhinava Upadhya, J. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Siddharth Khare, learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the State-respondents. 2. With the consent of the learned counsel for the parties, the writ petition is being decided finally at this stage. 3. By means of this writ petition, the petitioner has come up to this Court seeking a direction for being considered for promotion on the post of Lecturer in Hindi in an aided Intermediate College, namely, Kasturba Kanya Inter College, Prem Nagar (Nagara), Jhansi. The vacancy occurred on retirement of the incumbent from Lecturer's post on 30.6.2008. The petitioner applied for promotion and the Committee of Management by its resolution dated 21st December, 2008 granted promotion to the petitioner on the post of Lecturer in Hindi and papers thereof were forwarded to the Regional Level Committee for its approval. 4. The Regional Level Committee, however, took a stand that the said post should be filled up by a candidate of Scheduled Caste Category and declined to grant approval by order dated 11.1.2009. The said order was subject matter of challenge in Writ Petition No. 43974 of 2009 and vide judgment and order dated 13.12.2013. The said order of the Regional Level Committee was quashed and the matter was remitted back to the Regional Level Committee to re-consider a fresh in view of the fact that by the judgment of the Hon'ble Supreme Court in the case of U.P.Power Corporation Limited Vs. Rajesh Kumar and others reported in (2012) 3 SCC 386 has held that no reservation can be granted on promotion. The Regional Level Committee, however, considering the decision of this Court as well as Hon'ble Supreme Court, passed an order dated 15.2.2014 accepting the contention of the petitioner but directed to the Committee of Management to send the proposal/resolution for promotion of the petitioner in Lecturer Grade. 5. Sri Ashok Khare, learned Senior Advocate submits that there was no occasion for asking for a fresh resolution by the Committee of Management as the Committee of Management had already granted promotion to the petitioner by resolution dated 21.12.2008 and the papers were sent to the Regional Level Committee. The Regional Level Committee declined to grant approval but the said order was quashed by this Court and the matter was remitted back to the Regional Level Committee. The Regional Level Committee declined to grant approval but the said order was quashed by this Court and the matter was remitted back to the Regional Level Committee. Now that Regional Level Committee agrees that the claim of the petitioner ought to have been considered, should pass the order itself rather than asking for a fresh resolution by the Committee of Management. 6. There is substance in the arguments of learned Senior Counsel, as such a direction is issued to the Regional Level Committee to pass an appropriate order with regard to grant of approval of promotion of the petitioner on the post of Lecturer in Hindi in the said institution within a period of three months from the date a certified copy of this order is presented before it. But the said order will be passed only after giving opportunity to the Committee of Management in accordance with law. 7. Accordingly, the order dated 15.2.2014 is modified to the extent that instead of asking for fresh resolution of the Committee of Management, as the resolution is already on record by the Committee of Management dated 21.12.2008, the Regional Level Committee is directed to pass a fresh order in accordance with law. 8. The writ petition is allowed to the aforesaid extent.