Shobha Dikshit, J. - (1.) The short question which falls for consideration in this writ petition is as to what is the relevant date for the purpose of determining inter se seniority amongst the teachers in the lecturer's grade, i.e., whether the date of joining the post in the grade or the date of approval of the order of appointment or promotion in that grade is the relevant date. In the present case, the teachers Sarva Sri J.N. Dwivedi, S.N. Shukla and S.P. Tripathi were duly selected for the subjects--Economics, Geography and Hindi and their selection was also approved by the concerned District Inspector of Schools vide orders dated 11.7.1973. The appointment of Sri J.N. Dwivedi and Sri S.N. Shukla was by way of direct selection whereas Sri S.P. Tripathi was approved for being promoted to teach the subject of Hindi in lecturer's grade. Pursuant to the aforesaid approval, the Committee of Management issued appointment letters and delivered them personally to Sri J.N. Dwivedi and Sri S.N. Shukla on 23.7.1973. Sri J.N. Dwivedi claims that he joined the post immediately thereafter on 23.7.1973 in the afternoon at 1.30 p.m. whereas Sri S.N. Shukla joined the post at 10 a.m. on 24.7.1973. Sri S.P. Tripathi also joined the post on 24.7.1973. Since Sri J.N. Dwivedi joined the post in the afternoon, his salary for the said post was paid with effect from 24.7.1973 as per rules. Other two teachers were also paid their salary with effect from 24.7.1973.
(2.) The District Inspector of Schools who initially approved the promotion of Sri S.P. Tripathi in the lecturer's grade vide orders dated 11.7.1973, subsequently on coming to know that he did not possess the minimum experience of 5 years' continuous service in L.T grade and was lacking in the essential qualifications for being promoted from L.T. grade to lecturer's grade, cancelled the same vide orders dated 24.7.1973. The post of lecturer in Hindi was advertised afresh through direct recruitment. Sri S.P. Tripathi applied for this post and was selected in this direct selection held on 6.8.1973. The District Inspector of Schools approved this selection and appointment of Sri S.P. Tripathi on the post of lecturer in Hindi vide his order dated 7.11.1973. It is in the aforesaid background that the aforesaid three lecturers are claiming seniority over each others and this triangular contest has resulted into filing of the abovenoted writ petitions by each one of them. Sri Jagat Narain Dwivedi has filed Writ Petition No. 11517 (S/S) of 1990 as also Writ Petition No. 4899 (S/S) of 1994, Sri S.N. Shukla Writ Petition No. 7669 (S/S) of 1992 and Sri S.P. Tripathi Writ Petition No. 12097 (S/S) of 1990 along with Committee of Management of the Institution in question.
(3.) The question of seniority assumed greater importance when the occasion arose for officiation or ad hoc appointment to the post of Head of the Institution, i.e., Principal. Section 16E of U. P. Intermediate Education Act (hereinafter referred to as the Act) provides the manner and mode for making appointment on the post of Head of the Institution and teachers of an Institution. The Committee of Management has been vested with the power to make such appointments in the manner provided in the sub-section (2). Sub-section (3), provides that no person shall be appointed as Head of the Institution or teacher in an Institution unless he possesses the prescribed minimum qualifications. Regulations have been framed under the Act for the purpose of this Sections 16E, 16F and 16FF and are contained in Chapter II. Relevant Regulation 3 dealing with determination of inter se seniority is quoted hereinbelow for reference. "3. (1) The Committee of Management of every institution shall cause a seniority list of teachers to be prepared in accordance with the following provisions : (a) The seniority list shall be prepared separately for each grade of teachers whether permanent or temporary, on any substantive post; (b) Seniority of teachers in a grade shall be determined on the basis of their substantive appointment in that grade. If two or more teachers were so appointed on the same date, seniority shall be determined on the basis of age ; (bb) Where two or more teachers working in a grade are promoted to the next higher grade on the same date, their seniority inter se shall be determined on the basis of the length of their service to be reckoned from the date of their substantive appointment in the grade from which they are promoted : Provided that if such length of service is equal, seniority shall be determined on the basis of age. (c)x x x x (d)x x x x (e)x x x x (f)x x x x (g)x x x x (2) The seniority list shall be revised every year and the provisions of clause (1) shall mutatis mutandis apply to such revision.";