- (1.) R. H. Zaidi, J. By means of this petition under Article 226 of the Cons titution of India, Petitioners challenge the validity or the order dated 11-11-1980 and 22-7-1981. The District Inspector of Schools by his order dated 11-11-1980 allowed the objection filed by Lat Bahadur Singh respondent No. 3 and refused to approve the resolution of the Committee of Management with respect to the promotion of the petitioner No. 2 to the post of Lecturer in Geography in National Intermediate College, Haraiya, district Basti, herein after referred to as College. The respondent No. 1 affirmed the order of DIOS by his order dated 22-7-1981.
(2.) THE relevant facts, which are born out from the record of the present case, are that on account of death of Sri Nirbu Lat Srivastaya, post of Lecturer in Geography fell vacant on 4-1-1980 in the College, which was directed to be filled up by promotion from amongst the eligible candidates in accordance with law by the District Inspector of Schools. On 15-6-1980 a meeting of the Committee of Management was held to consider the question of promotion from amongst the eligible candidates working in L T. grade in the College. On the same day Committee of Management resolved to promote Sri Raj Narain Ojha petitioner No. 2 on the post in question, rejecting the claim of Sri Lal Bahadur Singh respondent No. 3, was senior most teacher in the L. T. grade in the College. THE papers relating to the proposed promotion of petitioner No. 2 were submitted before the District Inspector of Schools on 26-6-1980 and on the same day respondent No. 3 filed an objection against the aforesaid resolution, contending that he was entitled to be promoted to the post in question. On the objection filed by the respondent No. 3 explanation from the Manager of the College was called for by District Inspector of Schools and the Manager, thereafter, has submitted his explanation. When the matter with respect to the promotion of petitioner No. 2 was pending disposal before the District Inspector of Schools, the Committee of Management again on 13-7-1980 resolved to appoint petitioner No. 2 on the post of Lecturer in question and again submitted the papers for seeking appro val of the said promotion before the District Inspector of Schools. Again against the said resolution objection was filed by respondent No. 3 on 25-7-1980. Since the paper submitted by the Committee of Management for approval before the District Inspector of Schools ware incomplete, there fore, the District Inspector of Schools called upon the Committee of Manage ment of the College to furnish the requisite papers and other details. From the statement of facts made in the order of District Inspector of Schools, it transpires that it was on 13-7-1980 the correspondence with respect to the papers between the District Inspector of Schools, Committee of Management and respondent No. 3 was going on only on 3-11-1980 the papers which were required for the decision of the controversy with regard to the promotion were completed. In the meanwhile, according to the petitioner No. 2 Sri Raj Narain Ojha, who was promoted by the Committee of Management on 30-11-1980 as Lecturer on the post in question. Sri Ojha was stated to have taken over the charge of the said post on 1-12-1980. The District Inspector of Schools by his order dated 11-11-1980 upheld the objection filed by respondent No. 3 against the promotion of Sri Raj Narain Ojha to the post of Lecturer in question and refused to approve his promotion. The order dated 11-11-1980 passed by the District Inspector of Schools was alleged to have delivered to the Manager on 19-12-1980. Aggrieved by the said order dated 11-11-1980 the Manager has filed an appeal before the respondent No. 1 on 29-12-1980.
(3.) THE Regional Dy. Director of Education, VII Region, Gorakhpur respondent No. 1 after affording an opportunity of being heard to the parties concerned, held that Sri Lat Bahadur Singh respondent No. 3 was senior to Sri Raj Narain Ojha, his over all performance in the College was also com paratively better than Raj Narain Ojha and his confidential report was also better than Ojha, therefore the respondent No. 1 was pleased to dismiss the appeal by his order dated 22-7-1981. THE petitioners, thereafter filed the present petition challenging the validity of orders of District Inspector of Schools as well as the Regional Dy. Director of Education, VII Region, Gorakhpur as stated above. I have heard the learned counsel for the parties as well as learned standing counsel.;