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Allahabad High Court · body

2025 DIGILAW 628 (ALL)

Hanumant Lal v. State of U. P.

2025-04-11

BRIJ RAJ SINGH

body2025
JUDGMENT : Brij Raj Singh, J. 1. This writ petition has been filed for the following reliefs:- “1) To issue a writ order or direction in the nature of mandamus thereby commanding the opposite party no.3 to make the payment of salary to the petitioner on the post of Assistant Teacher in L.T. Grade on the basis of ad hoc appointment of the petitioner in L.T. Grade as per the provisions of Second Removal of Difficulties (Order), 1981 i.e. with effect from 1.9.97 11) To issue a writ order or direction in the nature of mandamus thereby commanding the opposite party no.3 to accord his sanction/approval for payment of salary to the petitioner as per provisions of sub-clause (iii) and Clause (iv) respectively of Clause-3 of the Removal of Difficulties (Second) Order 1981 and to pay the same in the form of his current salary as and when the same falls due during the pendency and final disposal of present writ petition III) To issue a writ order or direction in the nature of mandamus thereby directing the opposite parties to dispose of the petitioner's representation as contained in Annexure-11 to the writ petition.” 2. The facts giving rise to the present writ petition are that Bappa Srinarain Vocational Inter College, Charbagh, Lucknow (for short “College”) is a recognized Intermediate College by the Board of high School and Intermediate Education, U.P., Allahabad and is governed by the provisions of Uttar Pradesh Intermediate Education Act, 1921 and the Regulations framed thereunder as also by the provisions of Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries of Teacher and other Employees) Act, 1971 . A short term vacancy in Assistant Teacher (Hindi), L.T. Grade occurred due to promotion of one Chandramauli Shukla on the post of Lecturer (Hindi). The committee of management adopted the section procedure in view of the provisions of The Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 and the petitioner was appointed on 27.08.1997 after following the due procedure. The petitioner joined the services as Assistant Teacher (Hindi), L.T. Grade on 01.09.1997. Thereafter, papers were forwarded to the District Inspector of Schools, Lucknow by the committee of management for approval and payment of salary on 02.07.1998. When the salary was not paid to the petitioner, he filed the present writ petition with a prayer to make payment of salary to him. Thereafter, papers were forwarded to the District Inspector of Schools, Lucknow by the committee of management for approval and payment of salary on 02.07.1998. When the salary was not paid to the petitioner, he filed the present writ petition with a prayer to make payment of salary to him. This Court vide order dated 07.04.2000 passed an interim order to the effect that the District Inspector of Schools, Lucknow will pay salary to the petitioner. It is, however, admitted that till date the interim order passed by this Court is not complied with. The writ petition has remained pending since 2000 and is ripe for hearing as the pleadings have been exchanged. 3. Learned counsel for the petitioner has submitted that though the vacancy was short term i.e. Assistant Teacher (Hindi), L.T. Grade, but while the requisition sent for making appointment, the committee of management could have treated the subject as Social Science and the petitioner being Graduate in B.A. with Social Science as one of the subject, could have been appointed on the post in question. He has further submitted that the committee of management can change the vacancy as per subject-wise requirement. Learned counsel has submitted that petitioner has been appointed after following the due procedure and thereafter requisite papers along with relevant documents have been forwarded to the District Inspector of Schools, Lucknow for approval and payment of salary, but the opposite parties were adamant not to pay salary to the petitioner and in spite of the interim order being passed by this Court way back in 2000, the petitioner is neither allowed to work nor paid any salary. 4. Learned Standing Counsel has filed counter affidavit on 04.07.2000 along with an application for vacation of the interim order dated 07.04.2000, in which a specific stand has been taken that petitioner was appointed without following the due procedure. Appointment letter was issued by the Manager on 27.08.1997 and joining was also given to the petitioner on 01.09.1997, but the papers for approval of payment of salary was sent on 02.07.1998 i.e. after one year. 5. Learned Standing Counsel has also drawn the attention of the Court towards Regulations under the U.P,. Intermediate Eduction Act, 1921 and more particularly Appendix-A of the said Regulations, which deals with the minimum qualification for appointment of Head Master and Teachers in private recognized Higher Secondary Schools. 5. Learned Standing Counsel has also drawn the attention of the Court towards Regulations under the U.P,. Intermediate Eduction Act, 1921 and more particularly Appendix-A of the said Regulations, which deals with the minimum qualification for appointment of Head Master and Teachers in private recognized Higher Secondary Schools. In paragraph-7 of the supplementary counter affidavit filed on 04.05.2001, a specific stand has been taken that petitioner has been appointed as Assistant Teacher (Social Science), L.T. Grade, but he is not qualified as per Serial No.55 of Appendix-A of the aforesaid Regulations, which provides that for appointment of Assistant Teacher (Social Science), L.T. Grade, a candidate must have possess at least two subjects in B.A. out of the four subjects i.e. History, Political Science, Geography and Economics. However, application of the petitioner contained as Annexure-3 to the writ petition indicates that he possessed B.A. qualification with subjects Hindi, Economics and Social Science. Thus, out of the four subjects, the petitioner has passed only one subject i.e. Economics, therefore, it can safely inferred that he does not possess the essential qualification as mentioned at Serial No.55 of Appendix-A of the Regulations to be appointed on the post of Assistant Teacher (Social Science), L.T. Grade. Further, in paragraph-9 of the supplementary counter affidavit, it has been stated that short term vacancy on the post of Assistant Teacher (Hindi), L.T. Grade occurred on the promotion of Chandramauli Shukla to the post of Lecturer (Hindi), for which the essential qualification as prescribed at Serial No.2 of Appendix-A of the Regulations is B.A. with subjects Hindi and Sanskrit, whereas the petitioner does not possess the qualification of B.A. with Sanskrit as he possessed B.A. with Hindi, Economics and Social Science. 6. Learned counsel for the committee of management has filed counter affidavit and in paragraph-10, a stand has been taken that appointment letter of the petitioner contained as Annexure-6 to the writ petition has been issued by the Assistant Manager, Ram Chandra Mishra on 27.07.1997 and he was not the Manager of the committee of management at that point of time. It is further pointed out that the committee of management did not take any decision to appoint the petitioner as Assistant Teacher (Social Science), L.T. Grade. It is further pointed out that the committee of management did not take any decision to appoint the petitioner as Assistant Teacher (Social Science), L.T. Grade. It is further mentioned in paragraph-10 of the counter affidavit that the committee of management did not resolve at any point of time to appoint the petitioner as Assistant Teacher (Social Science), L.T. Grade and all the selection proceedings took place in collusion of Principal with Ram Chandra Mishra, Assistant Manager. 7. Heard Som Kartik Shukla, learned counsel for the petitioner, Sri Sudhir Kumar Singh, learned Standing Counsel and none appears for the committee of management and perused the record. 8. After going through the record, it appears that short term vacancy of Assistant Teacher (Hindi), L.T. Grade arose on the promotion of one Chadramauli Shukla on the post of Lecturer (Hindi), therefore, vacancy is to be filled up according to the existing Rules and Regulations. The petitioner passed B.A. Degree with subjects Hindi, Economics and Social Science, whereas the essential qualification as prescribed at Serial No.2 of Appendix-A of the Regulations is B.A. with subjects Hindi and Sanskrit and the petitioner did not pass B.A. Degree with Sanskrit, therefore, the petitioner is essentially lacking the prescribed qualification to be appointed on the post in question. 9. There is also force in the argument of learned Standing Counsel that Serial No.55 of Appendix-A of the Regulations, which is also relevant to be considered, prescribed that out of four subjects i.e. History, Political Science, Geography and Economics, an Assistant Teacher (Social Science), L.T. Grade must possess B.A. Degree with two subjects out of the aforesaid four subjects. However, the record shows that petitioner has only possessed the B.A. Degree with Economics out of the aforesaid four subjects. Thus, the petitioner was not essentially qualified to be appointed as Assistant Teacher (Social Science), L.T. Grade and there is no error apparent in the action of the opposite parties for not allowing the petitioner to work or to pay salary to him. 10. In view of the aforesaid discussion, I find no good ground to interfere in the writ petition while exercising extra ordinary jurisdiction under Article 226 of the Constitution of India. 11. Writ petition is devoid of merit. It is accordingly dismissed.