- (1.) 1. This special appeal under Rule 5 Chapter VIII of the High Court Rules has been filed against the judgment and order dated 22-02-2006 passed by the learned Single Judge of this Court in Writ Petition No. 109 (S/s) 2002 Bikram Singh Chauhan Vs. BHEL Educational Management Board and others, whereby the learned Single Judge has allowed the petition and directed the respondents to consider the promotion of the petitioner.
(2.) A writ petition bearing No. 109/ 2002 (S/s) was filed before the learned Single Judge by the petitioner-Bikram Singh Chauhan for the following reliefs (i) issue a writ order or direction in the nature of certiorari quashing the order dated 18-08-94 (Annexure IV to the writ peti tion) and order dated 29-10-1994 (Annexure VI to this writ petition ). (ii) issue writ order or direction in the nature of mandamus direct ing the respondent no. 1 not to take the work as Vice Principal by the respondent no. 3 and 4. (iii) issue a writ order or direction in the nature of mandamus direct ing the respondent no. 1 so they may promote and handover the charge to the petitioner as a Vice-Principal of Vidya Mandir Inter College Ranipur Haridwar. (iv) issue any other suitable writ or der or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. (v) award the costs of the petition to the petitioner. The petitioner-Bikram Singh Chauhan (now respondent No. 1 in special appeal) was appointed as RG. Teacher (Arts) in Vidya Mandir Inter College Ranipur, Haridwar on- 07-08-1981. He was confirmed on 20- 08-1982 on the post of P. G. Teacher by appellant-B. H. E. L. Education Man agement Board. Thereafter, the re spondent Nos. 3 and 4 (Virendra Kumar Gupta and Shambu Prasad Sundarayal respectively) were ap pointed as P. G. Teachers in the same institution vide order dated 17-06-1982. The petitioner was promoted on 18-08-1994 to the P. G. Teacher Sen ior Scale as he had completed 13 years of service. The respondent Nos. 3 and 4 were promoted on the post of Vice Principal by the appellant ignoring the claim of the petitioner vide order dated 18-08-1994. Feeling ag grieved by this, the petitioner-Bikram Singh Chauhan had filed a represen tation before the competent authority and the same was rejected vide order dated 29-10-1994. Hence, the writ pe tition was filed before the Court. It was further alleged in the petition that the respondent nos. 3 and 4 should not have been promoted to the post of Vice Principal as they were junior to the petitioner-Bikram Singh Chauhan. The counter affidavit was filed alleg ing therein that the BHEL Education Management Board is an autonomous body registered under the Societies Registration Act. The institutions run by BHEL Education Management Board, Ranipur, Haridwar are private un-aided schools. The post of Vice Principal in the said institution is not a promotional post. It is merely an administrative arrangement to look after various institutions being run by the Institution. It was further pleaded that an interview was conducted to fill up the post of Vice Principal. Bikram Singh Chauhan (petitioner) had ap peared in the said interview but he was not selected and hence he cannot have any grievance. The petitioner cannot challenge such selection as he appeared before the interview board without any protest. It was further pleaded in the counter affidavit that the respondent no. 3 and 4 are more meritorious than the petitioner. The petitioner is possessed of only M. A. Degree, whereas the respondent no. 3 is M. A. (English), L. T. , M. Ed. , Ph. D. and the respondent no. 4 is M. Sc. (Chemistry), B. Ed. After hearing the parties, the learned Single Judge had allowed the petition vide order dated 22-02- 2006 and held that the appellant-BHEL Education Management Board was not justified to promote the respond ent nos. 3 and 4 as they were junior to petitioner by ignoring his seniority on the post of Vice Principal. The appel lant was directed to consider the pro motion of the petitioner on the date when juniors to him were promoted.
(3.) FEELING aggrieved by the said or der, the present special appeal has been preferred by the appellant- BHEL Education Management Board. Heard learned counsel for the parties and perused the record.;