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C/M Bhartiya Inter College Thru' Its Manager Valendra Singh v. District Inspector Of Schools, Gorakhpur And Others - WRIT - A No. 17328 of 2007  RD-AH 5926 (3 April 2007)
Court No. 39
Civil Misc. Writ Petition No. 17328 of 2007
Committee of Management, Bhartiya Inter College,
Pipersandi, Gorakhpur, through its Manager
District Inspector of Schools and others
Hon'ble V.K. Shukla, J.
Committee of Management, Bhartiya Inter College, Pipersandi, Gorakhpur, through its Manager, has approached this Court, questioning the validity of decision dated 05.02.2007 taken by the District Inspector of Schools, Gorakhpur, asking the Management to send proposal in respect of promotion in accordance with law in respect of eligible and qualified candidates.
This fact is not disputed that in the institution concerned on 30.06.2002 one post of lecturer in Economics fell vacant and the other post of lecturer in Hindi fell vacant on 30.06.2006. Under the provision of U.P. Secondary Education Service Selection Board Rules, 1998 on occurrence of vacancy qua each year of recruitment, determination has to be made by the Management as to whether the vacancy is to be filled up by way of promotion or by way of direct recruitment. The resolution passed by the Committee of Management is suggestive of the fact that vacancy which occurred on 30.06.2002, same could be filled up by way of promotion, as promotion quota was not available, and it appears that when other vacancy occurred on 30.06.2006 attempt has been sought to be made by the Committee of Management by passing resolution to promote Ravindra Pal, ignoring the claim of Ram Lagan Dubey, as such District Inspector of Schools has passed the impugned order.
Rules 14 of 1998 Rules contemplates that on the first day of the year of recruitment, in case any vacancy occurs, and it is to be filled up by way of promotion, the record of all eligible candidates in the College has to be transmitted by the Committee of Management to the District Inspector of Schools, and thereafter verification has to be made by the District Inspector of Schools on the basis of record available with him and further verification has to be made by the Joint Director of Education concerned, and then the matter has to be placed before the Selection Committee, constituted under Section 12 (1) of U.P. Act No. 5 of 1982 . As far as Management of the institution is concerned, after enforcement of under the provisions of U.P. Act No. 5 of 1982, and 1998 Rules, it has got no authority to make recommendation in favour of one incumbent and ignore the claim of others, as has been sought to be done in the present case. Rule 14 of 1998 Rules obligates that Committee of Management of the institution should transmit the papers with regard to each and every eligible candidates to the District Inspector of Schools. The order which has been passed by the District Inspector of Schools asking the Management to sent proposal in accordance with law suffers from no infirmity, whatsoever. The Committee of Management is directed to first determine the vacancy qua the post of Lecturer in Economics as to whether it is liable to filled up by way of promotion or by way of direct recruitment. The Management will have to see the said issue in context of 01.07.2002 as to whether on the said date, it could have been filled up by way of promotion or not. Similarly in respect of post of Lecturer in Hindi, similar determination is to be made, as to whether on 01.07.2006, it is to be filled up by way of promotion or direct recruitment. In case conclusion is that the vacancies are liable to be filled up by way of promotion, then in that event it shall transmit the papers with regard to each and every eligible and qualified teachers to the District Inspector of Schools, who after verification shall transmit the same to the Joint Director of Education, and thereafter the vacancy has to be filled up strictly in consonance with Rule 14 of 1998 Rules.
In terms of above observation and direction, writ petition is disposed of.
No order as to costs
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