Court No.

- 1
Case :- WRIT - A No. - 47244 of 2013
Petitioner :- Dheeraj Kumar Sharma
Respondent :- State Of U.P.& 5 Ors.
Counsel for Petitioner :- Irshad Ali
Counsel for Respondent :- C.S.C.,Jitendra Singh
Hon'ble V.K. Shukla,J.
Dheeraj Kumar Sharma, petitioner has approached this Court with a
request to quash the order dated 19.08.2013 passed by District Inspector of
Schools and further prayer has been made to direct the Committee of
Management to place the record and documents of all eligible and qualified
teachers working as Assistant Teacher in L.T. Grade for its transmission to
the Regional Joint Director of Education to be further placed before the
Selection Committee constituted under Section 12 of U.P. Act No. V of 1982
to pass appropriate order.
Record in question reflects that one Sri Prakash Sharma, Lecturer in
Geography attained the age of superannuation on 30.06.2013. Petitioner
claims that said post in question is liable to be filled up by way of promotion
and then at the said point of time Committee of Management of the
institution concerned on 28.07.2013 proceeded to pass resolution in favour
of Dheeraj Kumar Sharma, the petitioner. It appears at at the point of time
when said resolution has been passed other senior incumbent whose right
has been sought to be defeated, namely Satendra Singh represented the
matter before the District Inspector of Schools, district Moradabad and
thereafter District Inspector of Schools, district Moradabad on 19.08.2013
turned down the said resolution and directed to send papers in reference of
Satendra Singh. At this juncture petitioner is before this Court with the
prayer as has been quoted above.
In order to appreciate respective arguments raised on behalf of the
parties Rule 14 of U.P. Secondary Education Services Selection Board Rules
1998 being relevant is extracted below:Rule 14 of Rules 1998
14. Procedure for recruitment by promotion:- (1) Where any
vacancy is to be filled by promotion all teaches working in trained
graduates grade or certificate of training grade, if any, who possess the
qualification prescribed for the post and have completed five years
continuous regular service as such on the first day of the year of

2
recruitment shall be considered for promotion to the lecturers grade or
the trained graduates grade, as the case may be , without their having
applied for the same.
Note:- For the purposes of this sub-rule, regular service rendered in any
other recognized institution shall be counted for eligibility unless
interrupted by removal dismissal or reduction to a lower post.
(2)

The criterion for promotion shall be seniority subject to the

rejection of unfit.
(3)

The Management shall prepare a list of teachers referred to in

sub-rule (1), and forward it to the Inspector with a copy of seniority list,
service records, including the character rolls, and a statement in the pro
forma given in Appendix-A
(4)

Within three weeks of the receipt of the list from the

management under sub-rule (3), the Inspector shall verify the facts from
the record of his office and forward the list to the Joint Director.
(5)

The Joint Director shall consider the cases of the candidates on

the basis of the records referred to in sub-rule (3) and may call for such
additional information as it may consider necessary. The Joint Director
shall place the records before the Selection Committee referred to in
sub-section

(1)

of

Section

12

and

after

the

Committees

recommendation, shall forward the panel of selected candidates within

one month to the Inspector with a copy thereof to the Management.
(6)

With ten days of the receipt of the panel from the Joint Director

under sub-rule(5) the Inspector shall send the name of the selected
candidates to the Management of the institution which has notified the
vacancy and the Management shall accordingly on authorization under
its resolution issue the appointment order in the proforma given in
Appendix F to such candidate.

Sub-Section (2) of Section 12 of U.P. Act No. V of 1982 provides that

procedure of selection of candidates for promotion to the post of a teacher
shall be such as may be prescribed. Rule 14 of the Rules 1998 provides
where any vacancy is to be filled by way of promotion all teachers working
in trained graduates grade or C.T grade, if any, who possess the
qualifications, prescribed for the post and have completed five years
continuous regular service as such on the first day of the year of
recruitment shall be considered for promotion to the lecturers grade or the
trained graduates grade, as the case may be, without their having applied
for the same. Further note has also given for the purposes of this sub-rule,
regular service rendered in any other recognized institution shall be counted
for eligibility unless interrupted by removal dismissal or reduction to a lower

post. Sub-Rule (2) of the Rule 14 of the Rules provides criterion for
promotion shall be seniority subject to the rejection of unfit. Sub-Rule (3) of
the Rule 14 of the Rules provides Management shall

prepare a list of

teachers referred to in sub-rule (1), and forward it to the Inspector with a

copy of seniority list, service records, including the character rolls, and a
statement in the pro forma given in Appendix-A. Sub-Rule (4) of the Rule 14
of the Rules provides that within three weeks of the receipt of the list from
the management under sub-rule (3), the Inspector shall verify the facts
from the record of his office and forward the list to the Joint Director. SubRule (5) of the Rule 14 of the Rules provides that Regional Joint Director of
Education shall consider the cases of the candidates on the basis of the
records referred to in sub-rule (3) and may call for such additional
information as it may consider necessary. The Joint Director shall place the
records before the Selection Committee referred to in sub-section (1) of
Section 12 and after the Committees recommendation, shall forward the
panel of selected candidates within one month to the Inspector with a copy
thereof to the Management. Sub-Rule (6) of the Rule 14 of the Rules
provides that with ten days of the receipt of the panel from the Joint
Director under sub-rule(5) the Inspector shall send the name of the selected
candidates to the Management of the institution which has notified the
vacancy and the Management shall accordingly on authorization under its
resolution issue the appointment order in the proforma given in Appendix F
to such candidate. The Rule in question is thus, self contained, as for as
eligible criteria and procedure part is concerned.
On the parameter of the provision quoted above, factual situation
which is emerging in the present case, that post of Lecturer in Civics has
fallen vacant on 30.06.2013. In the present case it is clearly reflected that
Committee of Management of the institution concerned has not no authority
to pass resolution in favour of Dheeraj Kumar Sharma, or any one else and
similarly District Inspector of Schools, district Moradabad has also got no
authority to turn down the candidature of Dheeraj Kumar Sharma or any
one else and ask to submit papers in reference of one particular incumbent
Satendra Singh, Assistant Teacher in L.T. Grade, by submitting that
educational qualification appears to be suspecious.

Under Rule 14 of U.P. Secondary Education Services Selection Board

Rules 1998, the Committee of Management of the institution is obliged to
forward papers in reference of each and every eligible and qualified
candidates whose claim is entitled to be considered for being promoted on
the first day of year of recruitment and then Committee constituted under
Section 12 of U.P. Act No. V of 1982 is required to consider the claim on the
basis of seniority subject to the rejection of unfit.
In view of this, this Court does not approve at all the action of the
Committee of Management in passing resolution as well as the order passed
by the District Inspector of Schools, district Moradabad turning down
candidature of any candidate and accordingly, proceeds to direct the
Committee of Management of the institution concerned to transmit papers in
reference of each and every eligible candidates whose claim is liable to be
considered for according promotion on the post of Lecturer in Geography
before the District Inspector of Schools within one month from the date of
production of certified copy of the order passed this Court and thereafter
District Inspector of Schools is directed to examine the papers and then
transmit the same to the Regional Joint Director of Education 12th Region
Moradabad and Regional Joint Director of Education after examining the
said papers should place the same before the Committee constituted under
Section 12 of U.P. Act No. V of 1982 for final consideration in accordance
with law. Entire exercise be concluded preferably within four months and the
decision should be taken independent to the resolution passed by the
Committee of Management and the decision taken by the District Inspector
of Schools district Moradabad. At the point of time when Committee
constituted under Section 12 of U.P. Act No. V of 1982 proceeds to consider
the candidature of eligible candidates specific finding shall be recorded as to
whether Master's Degree obtained by the petitioner is acceptable or not.
With the above direction present writ petition is disposed of.
Order Date :- 5.9.2013
Dhruv