BRAHMADEO PRASAD TRIPATHI Vs. DISTRICT INSPECTOR OF SCHOOLS, GORAKHPUR AND ANOTHER
LAWS(ALL)-1980-11-77
HIGH COURT OF ALLAHABAD
Decided on November 04,1980

Brahmadeo Prasad Tripathi Appellant
VERSUS
District Inspector Of Schools, Gorakhpur And Another Respondents

JUDGEMENT

Yashoda Nandan, P.S.Gupta, JJ. - (1.) The petitioner claims that he is a teacher employed to teach Hindi in L.T. Grade in Gramodiya Intermediate College. Barhayapar, district Gorakhpur, An advertisement appeared in the newspaper inviting applications for filling in the post of lecturer in Hindi. This writ petition was presented in this court containing a prayer that a writ order or direction in the nature of mandamus directing the respondents 1 and 2 to consider the claim of the petitioner for promotion as Lecturer in Hindi in the Institution in accordance with the provisions contained in Regulations 5 and 6 of Chapter II of the Regulations framed under the U. P. Intermediate Education Act, be issued. This claim was founded on the allegations that the Management was filling in more than 60% of the sanctioned posts of Lecturers by direct recruitment ignoring the claim of the petitioner to be promoted as Lecturer. A counter-affidavit has been filed on behalf of Committee of Management which discloses that more than 40% of the sanctioned post of Lecturers of the College concerned has already been filled in by promotion. In view of the facts disclosed in the counter-affidavit an alternative remedy is available to the petitioner by way of representation before the District Inspector of Schools challenging the legality and propriety of the alleged promotion under Regulation 8 of Chapter II of the Regulation. In the event of such a representation being made, the District Inspector of Schools will send for the record of the Management and examine not only the question as to whether any promotion has been made in compliance with the requirements of Regulations 5 and 6 but also the petitioner's claim on merit as against the other teachers who are alleged to have been promoted to the posts of lecturer. Since the petitioner has an alternative remedy available to him under the provisions of the Act, we decline to entertain this petition. Rejected. Petition dismissed.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.