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Smt. Lakshmi Lala v. State Of U.P. Through Secretary Secondary Education & Others - WRIT - A No. 51345 of 2002  RD-AH 417 (8 January 2007)
Court no. 31
Civil Misc. Writ Petition No. 51345 of 2002
Smt. Lakshmi Lala
State of U.P. and others
Hon'ble Bharati Sapru, J.
Heard learned counsel for the petitioner and the learned standing counsel for the respondents.
The petitioner has come to this Court seeking a writ of certiorari quashing the order dated 14.3.2002 passed by the Additional Director of Education (Madhyamik), U.P. Allahabad by which he has rejected the petitioner's representation for being promoted as Lecturer in the Department of Psychology in the institution in question.
This Court had also issued a direction on 18.12.2000 in writ petition no. 22666 of 1998 by which it had issued an mandamus that the representation of the petitioner as made before the Director of Education would be decided by him within a month from that date. In respect of her promotion as lecturer in the Department of Psychology, this Court in its judgment dated 187.12.2000 recorded a fact that the institution has already made an application to the department on 30.1.1996 by which it has asked for the creation of a post of lecturer in Psychology in the institution. That application is still pending and has not been decided.
When the school was initially granted recognition in the year 1977, the then Principal Smt. Krishna Varandani was appointed as Principal and being M.A. in Psychology was also teaching subject of Psychology in the institution in question. It has also come on record that the Psychology is one of the subjects approved for teaching in the institution in question. It therefore stands to reason that a subject, which has been approved for teaching in the institution, must have a teacher who is properly qualified and also there must be a post for teaching such subject.
The principal would be teaching subject was retired in the year 1994. At the time when the Principal retired, she was in the lecturer grade. After her retirement, Hindi teacher had been appointed as Principal.
In view of the fact that the subject of Psychology approved subject in the institution in question, the respondent no. 2 is directed to consider the application of the management dated 30.1.2006 for the creation of a post in the subject Psychology in accordance with law after giving due opportunity of hearing to the petitioner as well as the committee of management, within a period of one month from the date of production of a certified copy of this order.
The writ petition is disposed of as above.
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