JUDGEMENT
RAVI S.DHAVAN -
(1.) AT the J.P.R.N. Amar Intermediate College, Jajmau, Kanpur Nagar, there are apparently issues between two teachers, Ram Sanehi, the petitioner, and Ram Prasad Gupta, respondent no. 3, on who would be the lecturer to teach the subject, Geography.
(2.) THE order which has been impugned in the present writ petition is 16 December, 1993, passed by the District Inspector of Schools, Kanpur Nagar, by which he has held that regard being had to the circumstances that between two lecturers both held the qualifications to teach the subject, the one who is senior, would be entitled to hold the poet of the lecturer in Geography and also teach the same subject.
The contention before the Court, as an argument, is drawn from sub clause (2) of Rule 9 as framed under the U. P. Secondary Education Services Commission Rules, 1983, that the criteria for promotion shall be seniority subject to the rejection of unfit. The contention before the Court is that the Committee of Management has unsuited Ram Prasad Gupta respondent no. 3.
When the papers were sent to the District Inspector of Schools, Kanpur Nagar, respondent no. 1, for taking a decision on the approval of the lecturers as between the petitioner and the respondent no. 3, i.e. between Ram Sanehi and Ram Prasad Gupta, the District Inspector of Schools, for reasons, which has been given in the impugned order has granted approval, oh the promotion of Ram Prasad Gupta, respondent no. 3. This aggrieves the petitioner, Ram Sanehi. Thus, the present writ petition
(3.) THIS Court has carefully perused the impugned order dated 16 December, 1993. The principle of the impugned order is, to the effect, that amongst the two teachers there is equality on qualifications. The balance which remains is the seniority. The District Inspector of Schools has taken the position that let the teacher who is the senior most be given an approval as a lecturer to teach Geography.
This Court does not find any irregularity in the order, which has been passed by the District Inspector of Schools, Kanpur Nagar, and thus, it is not appropriate to interfere in this writ petition for issuing a writ to the party respondents.;
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