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Smt. Vijai Rani Haryana v. State Of U.P. And Others - WRIT - A No. 29320 of 2007 [2007] RD-AH 11206 (4 July 2007)


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Court No.39.

Civil Misc. Writ Petition No.  29320  of  2007.

Smt. Vijai Rani Haryana ...........Petitioner


State of U.P. and others ...........Respondents.


Hon'ble Ashok Bhushan, J.

Heard Sri Vashistha Tiwari learned counsel for the petitioner and Sri Shamim Ahmad appearing for the contesting respondent.

By this writ petition, the petitioner has prayed for quashing the order dated 26th February, 2007 by which the Director of Education (Madhyamik) has directed conversion of post of Lecturer (Sitar) into Lecturer (Chemistry).

Learned counsel for the petitioner contends that petitioner is working as Assistant Teacher in L.T. Grade and is senior to respondent No.6. It is contended that a vacancy of Lecturer (Biology) is going to arise in the year 2009 in which the petitioner is an expected applicant for promotion. The petitioner's counsel further contended that after conversion of the post of Lecturer (Sitar) into Lecturer (Chemistry) the contesting respondent might be promoted affecting the rights of the petitioner for promotion. He further submitted that no resolution was passed by the Committee of Management for conversion of the said post.

I have considered the submissions and perused the record.

The petitioner is working as L.T. Grade Teacher. She is eligible for promotion on the post of Lecturer (Biology). According to her case itself she is not eligible either for the post of Lecturer (Chemistry) or for the post of Lecturer (Sitar). The mere fact that by conversion of the post into Lecturer (Chemistry) respondent No.6 might be promoted affecting the future rights of the petitioner in 2009 cannot be said to be a valid ground for challenging the conversion of the post. From the materials brought on the record, it is clear that Prabandh Sanchalak who is functioning in place of the Management wrote a letter on 5th May, 2001 to the District Inspector of Schools stating that post of Lecturer (Sitar) be converted into Lecturer (Chemistry) as there is no students who have taken Sitar in the Intermediate and the number of the students who are studying Chemistry is more than 200 and only one Lecturer (Chemistry) is there. It is for the Management and authorities to consider as to whether the the post of Lecturer (Sitar) is to be converted in Lecturer (Chemistry) or not and decision having been taken by the Director of Education after considering the relevant facts, no error can be said to have been committed while taking the said decision. The submission of the petitioner that no resolution has been passed cannot be accepted in view of the clear recommendation of the Prabandh Sanchalak in his letter dated 5th May, 2001 who is functioning in place of the Committee of Management. I do not find any error in the order of Director of Education permitting conversion of the post.

The writ petition lacks merit and is dismissed.

Date: 4.5.2007.



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