Arun Tandon - (1.) -These two writ petitions pertain to the same institution and practically involve same issues of facts and law, therefore, are being decided by a common judgment.
(2.) FAZULUR Rehman Islamia Inter College, Bareilly is a minority institution duly recognized as such under Intermediate Education Act. The provision of U. P. High School and Intermediate Colleges (Payment of Salary) Act, 1971 are applicable to the teachers and staff of the said institution. Shauib Siddiqui, petitioner in Writ Petition No. 67656 of 2005, seeks a writ of mandamus commanding the respondents to promote the petitioner on the post of Lecturer in the subject of English. The vacancy is stated to have been caused on 30.6.1997. From the record it is established that the vacancy caused on 30.6.1997 with the retirement of Sri T. A. Khan, was within 50% reserved for promotion. The claim of the petitioner for such promotion was not considered in view of the promotion said to be granted in favour of one Sri Sageer Ahmad Siddiqui against the said vacancy. The controversy with regard to promotion of Sageer Ahmad was directed to be examined under the orders of this Court dated 4.10.2006, by the Director of Education. A report has been submitted by the Director of Education wherein it has been stated that on the date when vacancy was caused Sagheer Ahmad was not qualified for being promoted on the post of Lecturer in English, mark sheet alleged to have been submitted by Sagheer Ahmad for establishing that he was Post Graduate (M.A.) in the subject of English from Magadh University Bodhgaya (Bihar) was forged.
(3.) AT this stage it may be recorded that the counsel for Sageer Ahmad Siddiqui has made a statement that at no point of time Sagheer Ahmad Siddiqui made any claim for promotion on the post of Lecturer in English inasmuch as he was not qualified for the post it is further stated that Sagheer Ahmad did not file a copy of the degree of Maghad University Bodhgaya, State of Bihar in support of his being M.A. in the subject of English before the authorities. He lastly states that Sageer Ahmad was never paid salary as Lecturer. In the aforesaid facts the issue with regard to promotion of Sageer Ahmad as suggested by the State respondent and the Committee of Management of the institution is non est. This Court therefore, records that the vacancy on the post of Lecturer in English still survives and at no point of time Sageer Ahmad Siddiqui can be said to have been promoted or to have occupied the post in accordance with law. The petitioner claims to be senior most qualified teacher in the institution, entitled for promotion against the said vacancy. However, his claim is not being processed even now on the ground that there is no lawful Committee of Management in the institution and in absence of resolution of Committee of Management petitioner cannot be granted promotion. Promotion of teachers in the minority recognized institution is regulated by Chapter II, Regulation 6 of the Regulation framed under Intermediate Education Act. Promotion as Lecturer is to be granted with reference to, Annual Character Roll, entries which reflects upon performance of the teacher concerned alongwith essential qualifications prescribed both in respect of academic qualification as well as teaching experience.;