V.K.SHUKLA,J. - (1.) PRESENT writ petition in question has been filed by petitioner questioning the validity of the order dated 18.8.2010 passed by District Inspector of Schools J.P. Nagar wherein District Inspector of Schools J.P. Nagar has forwarded the matter to the Principal/Authorized Controller, Kundan Model Inter College, Amroha District J.P. Nagar for doing needful in the matter in respect of transfer of Panjesh Kumar in the institution concerned as Lecturer in English.
(2.) IN the district of J.P. Nagar there is recognized institution namely Kundan Model Inter College, Amroha. Said institution is duly covered by the provisions of U.P. Act No. II of 1921; U.P. Act No. 24 of 1971 and U.P. Act No. V of 1982 and the 1998 Rules framed thereunder. Petitioner was granted appointment as Subject Expert in Kundan Model Inter College, Amroha, District J.P. Nagar under the order of Regional Joint Director of Education, 12th Region Moradabad, dated 29.8.2009 after due recommendation was made by the Committee constituted in the said direction on fixed salary of Rs. 5000/- per month. Petitioner claims that pursuant to said recommendation dated 29.8.2001 he joined in the institution concerned and had been performing and discharging duties as Subject Expert in English. Earlier Subject Expert who completed three academic sessions were removed and the said Subject Experts, at the said point of time challenged the validity of the Government Order dated 6.6.2001 and 30.6.2003 wherein restriction has been imposed for engagement of teachers as subject expert who completed three academic sessions. Said condition was quashed by Lucknow Bench of this Court in Writ Petition No. 6319 (SS) of 2003. This Court has also in Civil Misc. Writ Petition No. 35653 of 2003 passed following orders following the said order: "In this bunch of writ petitions, the petitioners have challenged the Government Orders dated 6th June, 2001 and 30th June 2003 wherein restriction has been imposed for the engagement of teachers as Subject Expert who have completed three academic sessions. This condition has been already quashed by the Lucknow of this Court in Writ Petition No. 6319 (SS) of 2003, (Chandra Kishore and others v. State of U.P. and' others) decided on 20th October, 2003. The Court while allowing the writ petition had issued the following directions. (i) The impugned order dated 30.6.2003 which prohibits the renewal of those Subject Experts who have completed three academic session is quashed. (ii) Similar restriction imposed in the order dated 6.6.2001 alongwith the restriction for non-payment during summer vacation are also quashed. (iii) The opposite party No. 2 is directed to issue direction for all the Regional Joint Director of Education for permitting all the Subject Experts including the petitioners in their respective regions to resume duties immediately if the Subject Experts are eligible and they were selected according to the prescribed procedure. The order shall be issued within a period of 10 days so that the students may not suffer any more. (iv) The opposite party No. 1 is directed to frame a policy for the regularization of the existing Subject Experts against the existing 4000 vacancies of the teachers in the aided educational institutions after taking into consideration the aforesaid observations and if required make necessary amendment in the U.P. Intermediate Education Act or U.P. Secondary Education Services Selection Board, Act, within a period of two months" Learned Standing Counsel could not point out any distinction in the aforesaid judgment. Respectfully following the aforesaid judgment all these writ petitions are allowed in the same terms." Thereafter it appears that State Government incorporated amendment in U.P. Secondary Education Services Selection Board, Act 1982 incorporating U.P. Secondary Education Services Selection Board, (Amendment) Act 2006 and therein Section 21-E was introduced which provides for absorption of Subject Experts against substantive vacancy. Petitioner claims that pursuant to said statutory provision introduced by means of Section 21-E of U.P. Act No. V of 1982, petitioner was absorbed at Rastriya Inter College, Dhanura District J.P. Nagar vide order dated 12.9.2007 passed by Regional Joint Director Education. Petitioner submits that thereafter he sought transfer under Regulations 55 to 62 of Chapter III of U.P. Act No. II of 1921 Said transfer application was allowed and he came back at the present institution and since then he has been functioning in the institution. Petitioner has further stated that there are 12 sanctioned posts of Lecturer in different subjects against which nine Lecturers are working in the institution and three posts of Lecturers are lying vacant in the institution which is inclusive of the post of Lecturer in English. Petitioner's contention is that said post of Lecturer in English is liable to be filled by way of promotion and further submits that his claim is liable to be considered under 50% quota and in such a situation and in this background request which has been made by Panjesh Kumar, Lecturer in English Lok Priya Inter College, Meerut for being transferred to petitioner's institution as Lecturer in English is not at all liable to be accepted by way of transfer as Lecturer in English at Kundan Model Inter College, Amroha, District J.P. Nagar. With the aforesaid request present writ petition in question has been filed.
(3.) SRI Irshad Ali, Advocate contended with vehemence that in the present case petitioner fulfills the requisite eligibility criteria for consideration of his claim for promotion on the post of Lecturer in English as post in question is falling within 50% quota, as such in all eventuality said post is to be filled up by way of promotion in this background no steps whatsoever should be taken for filling up the said post by way of transfer, as such writ petition in question deserves to be allowed.;