V.K.SHUKLA,J. - (1.) PETITIONER Rama Kant Chaturvedi, has approached this Court questioning the validity of the seniority list dated 20.6.2009 prepared by Managing Committee of Uchchattar Madhyamik Vidyalaya Gangotri Nagar, Mudila-Pannai District Siddharth Nagar and the order of its affirmance in appeal decided on 25.1.2010 passed by Regional Joint Director of Education Basti Region Basti.
(2.) BRIEF background of the case is that in the District of Siddharth Nagar there is recognized institution known as Uchchattar Madhyamik Vidyalaya Gangotri Nagar, Mudila-Pannai District Siddharth Nagar which is a duly recognized institution under the provisions of U. P. Act No. II of 1921. Aforesaid institution in question at the present moment is in grant-in-aid list of the State Government and the provisions of U. P. Act No. 24 of 1971 are fully applicable to the said institution and selection and appointment in the said institution in question at the present moment has to be made as per the provision of U. P. Act No. II of 1921 and U. P, Act No. V of 1982 and 1998 Rules framed thereunder. To start with Institution was granted temporary recognition in the year 1970 for running junior high school classes as is envisaged under the provisions of U. P. Basic Education Act, 1972. Before permanent recognition could be accorded to the said institution Mahendra Nath Shukla was appointed as Assistant Teacher on 1.1.1974 and further at the said point of time when Mahendra Nath Shukla was appointed as Assistant Teacher in C.T. Grade he was not having any training qualification and his appointment was made as untrained Assistant Teacher. Institution in question was accorded permanent recognition in the year 1975 as Junior High School. Petitioner Rama Kant Chaturvedi was appointed as Assistant Teacher C.T. Grade untrained on 1.12.1977. During his continuance in service Rama Kant Chaturvedi acquired his B.Ed, degree in the year 1978 and Mahendra Nath Shukla during his continuance in service by way of correspondence acquired his B.T.C. Certificate in the year 1983. Rama Kant Chaturvedi as per service record was confirmed on 1.7.1979 as Assistant Teacher C.T. Grade whereas Mahendra Nath Shukla was confirmed as Assistant Teacher L.T. Grade w.e.f. 1.1.1983. During this period, statutory rules known as U. P. Recognized Basic (Junior High School) (Recruitment and Condition of the Service of Teachers) Rules, 1978 has been enforced w.e.f. 13.2.1978. Both these Incumbents had been continuing to perform and discharge their duties in the institution concerned as Assistant Teachers C.T. grade and subsequent to the same institution in question was upgraded from Junior High School to High School after orders were issued by Regional Office, Madhyamik Shiksha Parisad, U. P. at Allahabad, at Varanasi on 24.4.1984. When institution in question was upgraded from Junior High School to High School, Deputy Director of Education 7th Region Gorakhpur on 7.2.1991 proceeded to sanction two posts of L.T. Grade Teachers, 35 posts of C.T. Grade Teachers and while aforesaid letter has been issued categorical direction was given for upgrading two C.T. post to L.T. Grade post and against remaining sanctioned C.T. grade posts teachers working in Junior High School qua them directives were issued for adjustment. On 4.3.1991 in anticipation of approval by the U. P. Secondary Education Services Selection Board, Allahabad against two sanctioned post of L.T. Grade Mahendra Nath Shukla and Chandra Prakash were adjusted and absorbed and remaining teachers which was inclusive of petitioner also were adjusted against newly sanctioned C.T. Grade posts. Institution in question was brought within the scope and ambit of U. P. Act No. 24 of 1971 w.e.f. 1.4.1996 and then on 27.3.1997 fixation of salary was made and therein after the name of Rama Kant Pandey Principal of the institution In L.T. Grade name of Mahendra Nath Shukla was accorded approval whereas name of the petitioner Rama Kant Chaturvedi was accorded approval at serial No. 12. Mahendra Nath Shukla on account of C.T. Grade being declared dying cadre and on account of the fact that he had obtained training certificate by way of correspondence in the year 1983 after completing 10 years of service w.e.f 1.1.1986 was accorded L.T. Grade of Pay scale and similarly petitioner who was appointed on 1.12.1977 as untrained teacher and subsequently acquired training qualification of B.Ed, in the year 1978 was accorded L.T. Grade of Pay scale w.e.f. 1.7.1989. Dispute arose in between the two. when in the institution concerned post of Principal was to fall vacant on account of attaining the age of superannuation of Rama Kant Pandey who had been performing and discharging duties as Principal of the institution. Managing Committee of the institution published and circulated seniority list dated 20.6.2009 and based on the same it has been resolved to hand over the charge of officiating Principal to Mahendra Nath Shukla. Determination of said seniority list and handing over the said charge was objected to by the petitioner by preferring representation in respect of seniority and also in respect of the fact that Mahendra Nath Shukla does not fulfill requisite minimum eligibility criteria for being appointed as Ad-hoc Principal as minimum qualification prescribed under Appendix-A Chapter II of U. P. Act No. II of 1921 is not at all fulfilled by him and thereafter matter has been decided vide order dated 25.1.2010 and at the said juncture present writ petition has been filed. Counter affidavit has been filed by Mahendra Nath Shukla and therein details have been furnished that he was appointed as untrained Assistant Teacher on 1.1.1974 and petitioner was appointed as untrained teacher on 1.12.1977 and further statement of fact has been mentioned that he completed his B.T.C. in the year 1983 then he has been granted L.T. Grade by Management while working in Junior High School. It has also been sought to be stated that on 27.3.1997 after the said institution in question has been included in grant- in-aid list in all 47 posts had been sanctioned, Le., one post of Principal ; two posts of L.T. Grade teacher and thirty five posts C.T. Grade in addition to eight posts of non-teaching staff and thereafter respondent has proceeded to mention that immediately just next to the name of Rama Kant Pandey his name finds figure whereas name of petitioner finds place at serial No. 12. It has been stated that he was confirmed in L.T. Grade in the year 1983 and was accorded L.T. (Selection) Grade on 1.7.1996 whereas petitioner in the year 1989 was granted L.T. Grade and thereafter granted L.T. (Selection) Grade on 1.7.1999. in such a situation and in this background it has been sought to be suggested that seniority status is clear and petitioner cannot challenge validity of the same. Respondent No. 5 has further contended that on coming of the institution in the grant-in-aid list, as a re-affirmance of the sanction of post and approval of adjustment of preexisting staff of Junior High School at the time of upgradation to High School as communicated by District Inspector of School, Siddharth Nagar status of each and every incumbent was clear. Emphasis has also been led on the fact that petitioner has acquired B.Ed, and Master Degree without permission of Management and that too as a regular candidate whereas respondents took State Government's B.T.C. (correspondence) course as well as M.A. (private) with due permission of the Management. Respondent has reiterated that unnecessarily factum of ad hoc appointment has been mentioned. It has been stated that in such a situation claim of petitioner is misconceived. Counter affidavit has been filed on behalf of State also and therein factum of order of Regional Joint Director of Education has been supported and further mention has been made Mahendra Nath Shukla is B.T.C. thus he was qualified for being promoted as L.T. Grade teacher. Claim made by petitioner has been objected. To both the counter-affidavits Smt. Kamla Singh contended that she does not Intend to file any rejoinder-affidavit and contended that matter be heard and finally decided on the pleadings available.
(3.) REQUEST made by Smt. Kamla Singh, advocate with the consent of Sri Hanuman Upadhyay, advocate has been accepted as such present writ petition is being heard and finally decided. Learned standing counsel has also agreed for final hearing/disposal of matter.;