Court No. - 37
Case :- WRIT - A No. - 14710 of 2019 Petitioner :- C/M Of Dr. Shyama Prasad Inter College, Gorakhpur, And Another Respondent :- Director Of Education (Secondary) U.P. Lucknow, And 2 Others Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Heard Sri Adarsh Singh, learned counsel for the petitioners and the learned Standing Counsel appearing for the State-respondents.
The petitioner is the Committee of Management of an Intermediate College, namely, Dr. Shyama Prasad Inter College, Luhsi, Gorakhpur. The said Institution is an aided Institution and is governed by the provisions of U.P.Intermediate Education Act, 1921 and Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 as well as U.P.Act No.5 of 1982.
According to the learned counsel for the petitioners, there is only one post of Class-III employee in the Institution and according to the judgment rendered in the case of Jai Bhagwan Singh Vs. District Inspector of Schools, Gautambudh Nagar and others reported in (2006)3 UPLBEC 2391, the single post of Class-III can be filled only by way of promotion.
According to the learned counsel Sri Adarsh Singh, there is no eligible candidate in Class-IV in the Institution, who has valid qualification to be considered for promotion on Class-III post and, therefore, a prayer has been made that the papers, which have been forwarded to the District Inspector of Schools for further action to fill up the post from direct recruitment, be considered.
Sri Singh, learned counsel has also relied upon a decision of this Court in the case of Munna Lal Vs. Devendra Bahadur Singh Chandel and others, reported in (2007) 3 UPLBEC 2728 wherein considering the case of Jai Bhagwan Singh(supra) the Court has held that in case there is no person eligible in Class-IV post for being considered in Class-III post in the institution, then the said post can be filled up through direct recruitment.
Since the papers have been forwarded to the District Inspector of Schools, this writ petition is disposed of with the observation that the District Inspector of Schools will take necessary steps and pass appropriate orders. In case he finds that there is no eligible candidate in Class-IV to be considered for promotion on Class-III post, then forward the papers to the Director of Education (Secondary)-respondent no.1 for appropriate action. The said decision shall be taken in accordance with law, as far as possible, within a period of one month from the date a certified copy of this order along with a fresh representation is presented before the District Inspector of Schools.
Order Date :- 26.9.2019 SKM