Court No. - 19
Case :- WRIT - A No. - 5905 of 2019 Petitioner :- C/M. Vinoba Inter College, Banda, And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sheo Karan Singh,Gyanendra Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
Supplementary affidavit filed today is taken on record. Heard counsel for the petitioners.
The petitioner Committee of Management of Vinoba Inter College, Banda, which is a recognised institution under the U.P. Intermediate Education Act, 1921 and to which U.P. Secondary Education (Services Selection Boards) Act, 1982 is also applicable, has preferred the instant writ petition seeking quashing of communication dated 16.1.2019 and 21.2.2019, whereby the District Inspector of Schools has returned the requisition sent by the Management for filling up the vacant post of Lecturer (Hindi) by direct recruitment. The District Inspector of Schools has observed that in the institution there are eight sanctioned post out of which three are filled up by direct recruitment and in respect of one more post of Lecturer (Economics), the Selection Board has already recommended a candidate, but according to learned counsel for the petitioners he has not joined so far. The communication records that since out of remaining four posts only one post has been filled by promotion so far therefore, the vacancy on the post of Lecturer (Hindi) has to be filled by promotion under 50% quota. Accordingly, the requisition has been returned with direction to the Management to send proposal for filling up the post by promotion after considering the candidature of the teachers working in the institution.
Leaned counsel for the petitioners does not dispute that in the supplementary affidavit filed today, it is admitted that at present three posts of lecturer are occupied by direct recruits and in respect of one post of Lecturer (Economics), recommendation has already been made by the Selection Board for appointment by direct recruitment but the candidate has not joined so far. He also does not dispute that at present only one lecturer is working in the institution under the promotion quota, thus, three more posts are to be filled up by promotion.
In the circumstances aforesaid, this Court finds no illegality in the direction issued by respondent no.3 relating to filling up of the post of Lecturer (Hindi) by promotion.
The petition therefore, lacks merit and is dismissed.
(Manoj Kumar Gupta, J.) Order Date :- 26.4.2019 skv