Decided on September 26,2012

OM VIR SINGH Appellant
District Inspector Of Schools, Dehradun And Ors Respondents


- (1.) Heard Sri C.K. Sharma, the learned counsel for the petitioner, Sri Subhash Upadhyay, the learned standing counsel for respondent nos. 1 and 2 and Sri M.C. Pant, the learned counsel for respondent no. 4. No one appears for the Committee of Management-respondent no. 3. By means of this petition, the petitioner has challenged the validity and legality of the Resolution of the Committee of Management dated 19.11.2001, by which it has resolved to pay Lecturer's Grade to respondent no. 4 as well as the order dated 27.03.2001 passed by the District Inspector of Schools, rejecting the petitioner's representation for promotion on the post of Lecturer in Sanskrit.
(2.) The facts, leading to the filing of the writ petition is, that the petitioner was given an ad hoc appointment on a substantive vacancy on the post of Assistant Teacher (Sanskrit) by an order dated 21.10.1992, till such time as a regular candidate was not appointed by the Commission in the Institution, known as Asha Ram Vedic Inter College, Vikas Nagar, Dehradun, which is a recognized Intermediate College and is governed by the provisions of U.P. Intermediate Education Act and the provisions of U.P. Secondary Education [Services Selection Boards] Act, 1982 (hereinafter referred to as the Act of 1982). Pursuant to this order, the petitioner joined on 04.11.1992 and started working as an Assistant Teacher. On 06.02.1998, one Lecturer (Sanskrit) died and, consequently, the post of Lecturer in Sanskrit fell vacant. On 12.5.1999, the Committee of Management resolved to fill up this vacancy by way of promotion. Since the vacancy was not being filled up by way of promotion, the petitioner filed Writ Petition No. 30799 of 1999, which was disposed of by an order dated 27.07.1999, directing the District Inspector of Schools to consider and decide the representation of the petitioner.
(3.) In the meanwhile, the petitioner's services was regularized under Section 33-C of the Act of 1982 by an order of 31.08.1999 w.e.f. 20.04.1998. The District Inspector of Schools rejected the claim of the petitioner for promotion on the post of Lecturer in Sanskrit and approved the promotion of respondent no. 4 on the said post by its order of 16.08.2000, holding that on the date of the vacancy, the petitioner did not complete five years of continuous regular service in L.T. Grade as per Regulation 6(1) of Chapter II of the Regulations framed under the U.P. Intermediate Education Act. The Authority further held that the reservation policy will not be applicable since the petitioner was not eligible. The petitioner, being aggrieved by the Resolution of the Committee of the Management and the order of the District Inspector of Schools, has filed the present writ petition.;

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