Sunil Ambwani, J. - (1.) Heard Counsel for petitioner and learned Standing Counsel.
(2.) The petitioner was appointed as Class-IV employee in Janta Intermediate College, Ranipur, Azamgarh. He was qualified and eligible but was not given promotion to Class-Ill post. In the year 1981, the Committee of Management advertised for a post of Assistant Clerk to be filled by Direct Recruitment. Shiv Prakash Singh and several others applied. After interview Shiv Prakash Singh was selected on the same day 27.7.1981 and appointment letter dated 19.11.1981 was issued. Petitioner Budhdhu Ram, a Class-IV employee made a representation that he was entitled to promotion under the Education Manual. The District Inspector of Schools disapproved the proposal and found that Budhdhu Ram is entitled for promotion. Shiv Prakash Singh filed a Writ Petition No. 15845 of 1981 which was allowed with direction to District Inspector of Schools to decide the matter and the claim of Budhdhu Ram. The District Inspector of Schools by his order dated 27.9.1988, after hearing all concerned, found that the post fell in 50% quota for promotion and directed management to fill up the post by promotion. He found that out of five only one post had been filled by promotion and three by direct recruitment. The management did not comply with the order. In Writ Petition No. 11581 of 1989 filed by Budhdhu Ram against District Inspector of Schools this Court found that four posts of clerks had been filled by direct recruitment and that when a vacancy arose on Class-III post, the Committee of Management chose to make a direct appointment instead of promoting the petitioner. It was found that an order was passed in Writ Petition No. 15645 of 1981 on 18.8.1988 directing the District Inspector of Schools to decide the dispute and it having been decided that the post shall be filled by promotion, the District Inspector of Schools sent directions to the Committee of Management that the post should be filled up by promotion on 50% quota and necessary steps may be taken. In the counter affidavit filed in Writ Petition No. 11581 of 1989, the District Inspector of Schools took the stand that no approval has been granted to the proposal of the Committee of Management for filling up the post by direct recruitment, whereas the averment in the counter affidavit filed by the Management was that the petitioner was not qualified and that he did not inform the Committee of Management before acquiring requisite qualification. While allowing the writ petition this Court (Division Bench) observed following directions : "Whatever may be the allegations in the counter affidavits but the regulation is clear in the matter that 50% of the posts is to be filled up by promotion and admittedly no promotion has been granted for filling the post of Class-Ill employee. The petitioner being intermediate, the Committee of Management should have considered the case of the petitioner and since this has not been done in this case, the writ petition has to be allowed. In the result, the writ petition succeeds and is allowed with directions to the Committee of Management, Janta Intermediate College, Ranipur, Azamgarh, to consider the case of the petitioner for promotion to the post of Class-III employee and take necessary steps in this regard within a period of one months from the date a certified copy of this order is produced before it, in accordance with law."
(3.) Inspite of complying with the order, the Committee of Management passed a resolution on 4.2.1990 resolving that the petitioner had not taken permission of the then Principal of the Committee of Management to appear in High School Examination in 1969, and that when Sri Shiv Prakash Singh was appointed as Assistant Clerk (by direct recruitment), Sri Budhdhu Ram had not given any application for promotion. The Committee of Management upheld the appointment of Sri Shiv Prakash Singh by direct recruitment.;