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2014 DIGILAW 179 (UTT)

Committee of Management v. State of Uttarakhand

2014-04-11

ALOK SINGH

body2014
Judgment : 1. Undisputedly, as per law, 50 per cent posts of lecturers shall be filed up by way of promotion and 50 per cent posts by direct recruitment. Petitioner institution was having three vacant posts i.e. one post each of Lecturer (History), Lecture (English) and Lecturer (Economics). District Education Officer, Dehradun, vide order dated 2.12.2009, accorded approval to fill up one post of Lecturer (Economics) by direct recruitment and as per order dated 26.12.2009 approval was accorded to initiate the recruitment process for one post of Lecturer (English) and one post of Lecturer (History). As per the approval accorded, advertisement was got published inviting applications from all eligible for recruitment to the post of Lecturer (English), Lecturer (History) and Lecturer (Economics). After the completion of all the formalities, list of selected candidates for one post of Lecturer (English), one post of Lecturer (History) and one post of Lecturer (Economics) was sent to the District Education Officer for approval. Vide impugned order dated 5.6.2012, District Education Officer, Dehradun was pleased to reject the recommendation sent by the college. 2. Mr. Parikshit Saini, learned counsel appearing for the petitioner, vehemently argued that in the event no eligible Assistant Teacher is available to grant promotion to the post of Lecturer, vacant post of Lecturer can be filled up by way of direct recruitment, therefore, permission was accorded to initiate recruitment process to fill up vacant posts. 3. On the other hand, Mr. Anil Kumar Joshi, learned Additional Chief Standing Counsel submits that since as per Regulation No. 5 (2) (A), 50 per cent posts of lecturers shall be filled up by way of promotion and 50 per cent posts by way of direct recruitment and if none is available for the promotion, in that event, vacant posts available against the promotion quota may be filled up on ad hoc basis by way of direct recruitment. 4. Undisputedly, in the college, there are total six sanctioned posts of lecturers. Out of six posts of lecturers, three have to be filled up as per Regulation 5(2)(A) by way of promotion and three by way of direct recruitment. Undisputedly, three lecturers already working in the institution are direct recruitees, therefore, three vacant posts were available against the promotion quota. 5. Out of six posts of lecturers, three have to be filled up as per Regulation 5(2)(A) by way of promotion and three by way of direct recruitment. Undisputedly, three lecturers already working in the institution are direct recruitees, therefore, three vacant posts were available against the promotion quota. 5. Now, let me examine as to whether any Assistant Teacher is available having requisite qualification and eligibility to be considered for promotion to the post of Lecturer. 6. As observed hereinbefore, one post of Lecturer (English), one post of Lecturer (History) and one post of Lecturer (Economics) is available in the college. As per the chart submitted by the petitioner, page no. 75 of the paper book, five Assistant Teachers are working in the college. Smt. Neeraj, Assistant Teacher is postgraduate in English and is working as L.T. Grade Teacher with effect from 18.9.2006, therefore, she may be appointed on the post of Lecturer (English) by way of promotion, since she has already completed five years of minimum service. Perusal of chart, page no. 75 of the paper book, would demonstrate that none of the Assistant Teachers is eligible to be appointed on promotion against the post of Lecturer (History) and Lecturer (Economics), since none of the Assistant Teachers is postgraduate in History or Economics. Therefore, both these posts can be filled up by way of direct recruitment on ad hoc basis. 7. Mr. Anil Kumar Joshi, learned Additional Chief Standing Counsel submits that since Smt. Neeraj is qualified and having all the requisite eligibility to be promoted to the posts of Lecturer (English), therefore, her case shall be considered to be appointed as a Lecturer (English) by way of promotion within three weeks from today and approval shall be accorded to fill up the post of Lecturer (History) and Lecturer (Economics) on ad hoc basis to the candidates found suitable in a recruitment process by the petitioner and an appropriate order in this regard shall be passed within two weeks from today. 8. In view of the above, writ petition is allowed. Impugned order dated 5.6.2012 is quashed. Mandamus is issued to the respondents to consider the case of Smt. Neeraj for promotion on the post of Lecturer (English) and to pass appropriate orders thereon preferably within two weeks from today. 8. In view of the above, writ petition is allowed. Impugned order dated 5.6.2012 is quashed. Mandamus is issued to the respondents to consider the case of Smt. Neeraj for promotion on the post of Lecturer (English) and to pass appropriate orders thereon preferably within two weeks from today. Respondents are further commanded to pass appropriate orders on the recommendation of the petitioner to fill up the posts of Lecturer (History) and Lecturer (Economics) by way of direct recruitment on ad hoc basis till the time Assistant Teacher working in the college is found eligible to be promoted on the post of Lecturer (History) and Lecturer (Economics). Let necessary decisions be taken within two weeks from today.