J. N. Dubey, J. - (1.) THIS writ petition is directed against the order dated 17-1-1987 of the U. P. Secondary Education Services Commission, Allahabad disapproving the proposal of the Committee of Management of Sri Radha Krishna Gupta Adarsh Vidyalaya Inter College, Dildar Nagar, Ghazipur for promoting the petitioner on the post of lecturer in Sanskrit.
(2.) COUNTER and rejoinder affidavits have been exchanged and as such we dispose of this writ petition, with the consent of the parties, at the admission stage. It appears that the petitioner, an Assistant Teacher in L. T. Grade in the College, was not allowed to cross the efficiency bar by the Committee of Management on account of certain adverse entries in his character roll. The petitioner filed Civil Misc. Writ Petition No. 472 of 1986 in this Court which was dismiseed on 11-7-1983 on the ground of alternative remedy by way of an appeal to the District Inspector of Schools. He, thereafter filed appeal to the District Inspector of Schools which was allowed on 27-12-1983 and he was allowed to cross the efficiency bar and granted selection grade. The adverse entries awarded to the petitioner were also expunged by the Principal of the College in view of the order dated 27-12-1983 of the District Inspector of Schools. The Committee of Management submitted a proposal to promote the petitioner on the post of lecturer in Sanskrit to the Commission which was rejected on 17-1-1987. Although the Commission did not send the order dated 17-1-1987 to the Committee of Management or the petitioner but the Committee of Management was informed about it by the District Inspector of Schools on 20-2-1987. Feeling aggrieved, the petitioner has approached this Court for relief under Article 226 of the Constitution.
(3.) HEARD the learned counsel for the parties and perused the record. From the letter dated 20-2-1987 of the District Inspector of Schools we find that the proposal of promotion of the petitioner to the post of lecturer in Sanskrit has been rejected by the Commission on the ground that the Principal of the College was not legally justified in expunging certain adverse entries awarded to the petitioner earlier. In our opinion, the Commission had absolutely no jurisdiction to sit in appeal over the decision of the Principal expunging the adverse entries of the petitioner. The proposal for promotion of the petitioner submitted by the Committee of Management should have been decided by it on the basis of his existing service record. Admittedly, an adverse entry existed against him on the date of submission of proposal by the Committee of Management for his promotion or at the time of consideration thereof by the Commission. This being so, the Commission was not legally justified in rejecting the proposal on the ground that certain adverse entries awarded to the petitioner had been wrongly expunged by the Principal. The adverse entries of the petitioner appear to have been expunged by the Principal in pursuance of the order dated 27-12-1983 of the District Inspector of Schools but even assuming that the Principal did something for which he was not legally competent the Commission had no authority to go behind his order. Moreover, in our opinion, even if the adverse entries were not expunged the same could not be used against the petitioner after the District Inspector of Schools allowed him to cross the efficiency bar and granted selection grade. In other words, the adverse entries relating to the period prior to the order dated 27-12-1983 could not form basis for rejection of the proposal of promotion of the petitioner.;