SUDHIR AGARWAL, J. - (1.) BOTH these writ petitions filed by the same petitioner, Jabar Singh are connected involving similar questions of fact and law and therefore, as agreed by learned Counsel for the parties have been heard together and are being decided by this common judgment.
(2.) WRIT Petition No. 13641 of 2001 has been filed by the petitioner seeking writ of mandamus commanding respondent No. 2 to forward his name for promotion as Lecturer and directing the respondent No. 1 to consider him in view of Rule 14 as interpreted by this Court in Harish Chand v. Joint Director of Education and Ors., 2001(1) LBESR 571 (All) : 2000(3) ESC 2060 (All), and a further mandamus has been sought restraining respondents from interfering in his functioning as Lecturer (English) in the institution in question. The Writ Petition No. 29957 of 2001 has been filed by the petitioner subsequently challenging the order dated 16 -6 -2001 passed by District Inspector of Schools, Saharanpur (hereinafter referred to as the 'DIOS') declining approval to the petitioner for promotion to the post of Lecturer on the ground that he is not eligible for the said promotion. The petitioner has also sought a writ of certiorari for quashing the resolution dated 9 -7 -2001 passed by the Committee of Management, Janta Inter College, Jhabiran, District Saharapur (hereinafter referred to as the “College”) deciding to promote respondent No. 6 on the post of Lecturer (Hindi). He has also sought a mandamus commanding the respondents not to interfere in his functioning as Lecturer (English) in view of Rule 14 and judgment of this Court in Harish Chand (supra).
(3.) THE facts in brief giving rise to the present dispute are that the College is a recognised institution governed by the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as “1921 Act”) read with U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as “1982 Act”). The petitioner was appointed as Assistant Teacher, L.T. Grade on 21 -8 -1978 and was also confirmed. A post of Lecturer (English) fell vacant on 2 -7 -1998 due to transfer of the holder of the post namely Sri Vinod Kumar to another institution, i.e., S.D. Inter College, Saharanpur. The qualification provided under the statute for appointment to the post of Lecturer (English) is M.A. (English) and at that time admittedly the petitioner did not posses the said qualification. However, he passed M.A. (English) from Meerut University in the year 2000 vide result dated 22 -12 -2000 (Annexure -1). The post of Lecturer (English) is liable to be filled in by promotion and no attempt was made by the management to fill in the same despite that it was vacant since 2 -7 -1998. Consequently principal of the College sent a letter dated 9 -2 -2001 informing Joint Director of Education, Saharapur that no appointment has been made on the aforesaid post and vacancy is lying since 1998, therefore, steps for promotion of petitioner on the said post are being taken since he is the senior most teacher and possess requisite qualification of M.A. (English). The committee of management also considered the matter in its meeting dated 26 -2 -2001 and passed resolution promoting petitioner as Lecturer (English). However, when the papers were sent to DIOS, he enquired by letter dated 27 -3 -2001 as to whether the petitioner was qualified on the date of occurrence of vacancy for promotion to the aforesaid post and also enquired about the status of promotion quota in the institution. The management vide letter dated 28 -4 -2001 informed the DIOS that there are six sanctioned posts of Lecturer in the College out of which two were filled in by direct recruitment, one by upgradation and two by promotion. Since quota of promotion is 50% and therefore three posts are liable to be filled in by promotion hence petitioner has been sought to be promoted on the post of Lecturer (English). It also informed that presently there is no other teacher eligible for promotion to the post of Lecturer (English) and though the vacancy occurred on 2 - 7 -1998 but the petitioner attained qualification in 2000 and presently he is qualified for promotion to the said post. The DIOS thereafter vide order dated 16 -6 -2001 impugned in the later writ petition declared petitioner ineligible for promotion and returned his papers. Thereafter another vacancy on the post of Lecturer (Hindi) fell vacant on 30 -6 -2001 and the respondent No. 6 being Assistant Teacher, L.T. Grade, qualified for promotion to the said post, made representation to consider his case for promotion to the post of Lecturer and thereupon the management considered his matter and resolved to promote him on the post of Lecturer (Hindi) vide resolution dated 9 -7 - 2001. Aggrieved by the aforesaid order of DIOS dated 16 -6 -2001 and the management's resolution dated 9 -7 -2001 whereby the promotion quota has been filled in by promotion of respondent No. 6, the petitioner has approached this Court claiming that he was entitled and rightly promoted to the post of Lecturer (English) and therefore, the impugned orders are liable to be set aside.;