Tulsi Ram, Umesh Pratap Singh vs State of U.P. and others

H.L. Gokhale, CJ and Dilip Gupta, J.

Mr. S.P. Giri appears for the appellant in the first Appeal whereas Mr. R.N. Singh learned Senior Counsel appears for the appellant in the second Appeal.

Both the appellants are claiming appointment on the post of a Clerk in the Intermediate College run by the respondent No. 4 Committee of Management in District Basti.

The case of Mr. Giri''s client is that he is working as a Class IV employee and is entitled for promotion to the Clerical Post of Class III under the provisions of Regulation 2 contained in Chapter III of the U.P. Intermediate Education Act, 1921 but the Management has opted to fill the post by issuing an advertisement and that is why Umesh Pratap Singh represented by Mr. R.N. Singh came to be appointed directly.

Sri Tulsi Ram Yadav represented by Sri S.P. Giri had filed a writ petition challenging the appointment of Sri Umesh Pratap Singh. The learned Single Judge who heard the matter followed the judgment rendered earlier by a learned Single Judge in Palak Dhari Yadav v. Regional Inspectors of Girls Schools and others, (1999) 3 UPLBEC 2315 in which it was held that if there is one post of clerk it should be filled up by direct recruitment and not by promotion.

Both the Counsel have very fairly pointed out that the said judgment has been reversed by a Division Bench of this Court in Jai Bhagwan Singh v. District Inspector of Schools, Gautambudh Nagar and others, (2006) 3 UPLBEC 2391, and it has been held that the single Class III post can be filled up by way of promotion.

In such circumstances, the judgment rendered by the learned Single Judge to the extent it holds that the single Class III post is to be filled up by direct recruitment will have to be set aside and is hereby set aside. The Management is directed to consider the case of Tulsi Ram Yadav for promotion to the Clerical post. Special Appeal filed by Tulsi Ram Yadav is, accordingly, disposed of with these observations.

The Special Appeal filed by Umesh Pratap Singh is against that part of the judgment of the learned Single Judge by which his appointment made by direct recruitment was set aside. We have held that the post is to be filled up by promotion. His claim for appointment by direct recruitment is, therefore, not sustainable. The Special Appeal filed by him is liable to be dismissed and is, accordingly, dismissed. Appeals dismissed.