Sultan Singh Negi vs The Deputy Director of Education Garhwal Region and Others

Sudhir Narain, J.—The controversy in the present writ petition is as to whether the Petitioner should be promoted as ad hoc Principal of Public Inter College, Tilkholi, Pauri Garhwal (hereinafter referred to as the college) or Respondent No. 4 should be promoted to the said post.

The facts in brief are that initially the institution was recognized Junior High School and the Petitioner was appointed as Head Master of the" said Junior High School on 15-8-1974 and he worked as such till 30-7-1981. On 31-7-1981 the said Junior High School was again raised to the level of High School by order dated 15-9-1981 passed by Deputy Director of Education Garbwal Region Pauri Certain posts including the post of Principal were created and in the said order it was further directed that the post of Principal shall be filled up by adhoc promotion of the Head Masters of the Junior High School in compliance with the order dated 15-9-1981 passed by the Deputy Director of Education, the Committee of Management on 20-9-1981 passed a resolution appointing the Petitioner on adhoc basis on the post of Principal of the High School and in pursuance of the said resolution, the Manager of the Committee of Management issued an appointment letter to the Petitioner. The papers were forwarded to the District Inspector of Schools for approval, who on 24-9-1981 approved the appointment of the Petitioner for six months under the U.P. Secondary Education Services Commission (Removal of Difficulties) Order, 1981 (hereinafter referred to as Order 1981). The Petitioner joined the post on 22-9-1981 as Principal of the High School. The said High School was again raised to the level of Inter College on 20-3-1990 and the Petitioner was authorised to work as officiating Principal of the Intermediate Colleges The Director of Education, U.P. vide order dated 19-11-1991 created one post of Principal and seven extra posts for the college.

The Petitioner was claiming regularisation of the services under the provisions of U.P. Secondary Education Services Commission and Selection Board (Amendment Act (1991) by which the services of the adhoc teachers who were promoted on adhoc basis against a substantive vacancy in accordance with para 2 of the U.P. Secondary Education Services Commission (Removal of Difficulties) Order 1981, and possess the qualification prescribed, were to be regularised. The Petitioner made a representation that his services may be regularised but as no orders were passed by the Authorities concerned, ha filed writ petition No. 38099 of 1992 for a mandamus commanding the Respondents to regularise the Petitioner�s services with effect from 6-4-1991.

Respondent No. 4 was appointed as assistant teacher in L.T. grade on adhoc basis on 1st October 1983 when the institution was only up to the High School. On 6th February 1993 he was promoted to lecturer''s grade. The District Inspector of Schools approved his adhoc promotion to lecturer''s trade by his order dated 9-2-93 and he started working as lecturer since 11-2-1993 The Committee of Management passed a resolution on 4th March 1993 for promotion of Respondent no 4 as officiating Principal. A letter of appointment was issued on 14th May 1993 On 13th May 1993 the Deputy Director of Education, Respondent No. 1, passed an order directing the Petitioner to hand over the charge of the post of Principal to Respondent No. 4. On the basis of the order dated 13th May 1993 passed by Respondent No. 2 the Manager of the Committee of Management on 14th May 1993 passed an order directing the Petitioner to hand over the charge of the post of principal to Responded No. 4, the Petitioner aggrieved against the said order filed the present writ petition challenging the orders date 13th may 1993 and 14th may 1993.

I have heard Sri B. D. Upadhya, counsel for the petitioner and Sri Y. K. Saxena for respondents 3 and 4 and the learned standing counsel for respondents 1 and 2.

The promotion to the post of Principal has, to be made in accordance with para 4 of the Order 1981 which reads as under;

Adhoc appointment by promotion-(1) Every vacancy in the post of the Head of an institution may be filled by promotion-

(a) in the case of Intermediate College, by the seniormost teacher of the institution in the lecturers grade;

(b) in the case of a high school raised to the level of Intermediate College, by the Headmaster of such High School;

(c) in the case of a Junior High School raised to the level of a High School, by the Headmaster of such junior High school.

(2) Every vacancy in the post of a teacher in Lecturers grade may be filled by promotion by the seniormost teacher of the institution in the trained graduate (L.T.) grad.

(3) Every vacancy in the post of a teacher in the trained graduate (L.T.) grade shall be filled by promotion by the seniormost teacher of the institution in the trained under-graduate (C.T) grade.

(4) Every vacancy in the post of a teacher in the trained under-graduate (C.T) grade shall be filled by promotion by the seniormost teacher of the institution in the J.T.C grade or B.T.C. grade.

Explanation--For the purposes of Clauses (1) to (4) of this paragraph the expression Senior-most teacher having longest continuous service in the Lecturer''s grade or the trained graduate (L.T) grade, or trained Under-graduate (C.T) grade J.T.C. or B.T.C. grade, as the case may be.

Para 4(1)(b) specifically provides in the case of High school raised to the level of an Intermediate College by the Headmaster of such High school.'' The Petitioner was admittedly Headmaster of the High school of the institution.

There are to objection against the Petitioner being promoted to the post of principal of the college. The first objection is that the Petitioner was not qualified for being appointed as principal of the college because he did not possess the post-graduate degree which is a necessary qualification for being promoter to the post of principal of the college. The Petitioner has stated that he had passed M.A. (sociology) in the year 1975 when the Petitioner was working as Headmaster of the high school, the committee of management on 27-4-1984 forwarded the papers of the Petitioner to the Commission for the appointment on the post of Headmaster of the high school and in that requisition the Petitioner was shown by the manage as M.A., B.ED., and in that requisition the Petitioner was further shown as senior teacher. A copy of the requisition is annexed as annexed-R.A3.A counter affidavit has been filed on behalf of the Respondent in which it has been asserted that the Petitioner was appointed as Headmaster in the institution in the year 1974 and he had passed M.A examination in the year 1975 during his service period without obtaining any permission form the Committee of Management