Janardan Sahai, J. - (1.) -In Sardar Patel Inter College, Sikaro, Koraon, district Allahabad, there are five sanctioned posts of Lecturers one each in the subjects of History, Hindi, Sanskrit, Sociology and Economics. The petitioner was appointed as L.T. Grade teacher on 8.7.1973. He obtained his Masters Degree in History in 1996. A vacancy on the post of Lecturer in History arose on the retirement of Doodh Nath Verma. He retired on 30.6.2000 and as such the substantive vacancy arose on 1.7.2000. The petitioner alleges that he is the seniormost teacher in the L. T. grade in the institution, qualified to teach History and was entitled to promotion under the 50% quota for promotion. His grievance is that the 4th respondent Awadhesh Kumar Singh who is a Lecturer in another college namely the Puwayan Inter College, Puwayan, Shahjahanpur is being transferred to Sardar Patel Inter College, Sikaro, Koraon, district Allahabad to fill up the post of Lecturer History which is illegal as the post has to be filled up under the promotion quota and also because the respondent No. 4 is the son-in-law of the Manager of the institution and the transfer is violative of Articles 14 and 16 of the Constitution of India.
(2.) THE first question that falls for determination in this case, therefore, is whether the post is to be filled up under the promotion quota or by direct recruitment. THE petitioner's case is that out of five sanctioned posts of Lecturers in the College, one post viz., that of Lecturer Sociology held by Dinesh Pal Singh has been filled up by direct recruitment and that two posts viz., that of Lecturers in Economics and Sanskrit have been filled up by regularisation of the ad hoc promotees Shivanand Mishra and Saliqram Upadhyaya respectively and are held by them. According to the petitioner, Harish Chand Singh, Lecturer in Hindi in the institution was to retire on 30.6.2001 and thus two posts of Lecturers one of which in History had already fallen vacant and the other in Hindi which was due to fall vacant on the retirement on 30.6.2001 of Harish Chand Singh were available for selection and one of these posts has to be filled up by promotion. It is submitted that the petitioner being the seniormost teacher in the institution the vacancy on the post of History Lecturer is required to be filled up by promotion and the petitioner has a fundamental right to be considered therefore. Separate counter-affidavits in this case have been filed by the District Inspector of Schools, and on behalf of the Committee of Management and by Awadhesh Kumar Singh, the 4th respondent who is being transferred to the institution where the petitioner is working. The case of the respondents is that three posts of Lecturers have been filled up by promotion and the vacancy on the post of History Lecturer is to be filled up by direct recruitment and as such the petitioner has no claim to that post. I have heard Sri R. K. Ojha, counsel for the petitioner, Dr. R. G. Padia appearing for respondent No. 4, and the counsel for respondent No. 3 Committee of Management and standing counsel for respondent Nos. 1 and 2.
(3.) RULE 10 of the U. P. Secondary Education Services Selection Board RULEs, 1998 (hereinafter referred to as the 1998 RULEs), provides for the posts of lecturers, a 50% quota for direct recruitment and a 50% promotion quota, and if in calculating the respective percentages of posts there is a fraction, one more post has to be filled up by promotion. Thus, there being five posts of Lecturers three are required to be filled up by promotion. The relevant recruitment year in this case is 2000-01 (from 1.7.2000 to 30.6.2001). In this year there arose only a single vacancy on 1.7.2000 that was caused on account of retirement of Doodh Nath Verma Lecturer History who had retired on 30.6.2000. The other vacancy on the post of Lecturer Hindi was to arise on the retirement on 30.6.2001 of Harish Chand Singh. This vacancy would have arisen on 1.7.2001 falling in the recruitment year 2001-02. However, RULE 11 (2) (a) of the aforesaid RULEs provides that vacancies arising due to the retirement on the last date of the year of recruitment shall also be counted for making the selection. Thus, selection for the post of Hindi Lecturer was also required to be made in the recruitment year 2000-01. In the counter-affidavit filed by the Committee of Management it is stated in paragraph No. 10 that out of five posts of Lecturers 3 Lecturers viz., of Hindi, Economics and Sanskrit were working on promotion. In the counter-affidavit filed by respondent Nos. 1 and 2 it is stated in paragraph 6 that three Lecturers are already working under the promotional quota and that the post in question was to be filled in by direct recruitment. In paragraph 4 of the rejoinder-affidavit in reply to the averments made in paragraph No. 6 of the counter-affidavit of respondent Nos. 1 and 2 there is no denial of the fact that three of the lecturers in the institution were working under the promotion quota. In paragraph 7 of that rejoinder-affidavit it is rather stated that "out of 5 posts, on 1st July, 2000 two posts fallen vacant and out of three posts one has already been filled up by direct recruitment and two has been filled up by promotion, therefore, two posts are also vacant and out of two posts one has to be filled up by promotion and another by direct recruitment.....";