Court No. - 37
Case :- WRIT - A No. - 11581 of 2019 Petitioner :- C/M, Jai Bharat Inter College, Muzaffar Nagar, Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhitab Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the petitioners and the learned Standing Counsel appearing for the State- respondents.
This is a writ petition by the Committee of Management of an Intermediate College, namely, Jai Bharat Inter College, Chapar, District Muzaffar Nagar praying for a direction to the Education Authorities to allow the Institution to fill up the vacancies in Class-III through direct recruitment. 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.
The claim of the petitioner is that there are three sanctioned posts of Class-III in the Institution. One post is already filled by direct recruitment and two posts are to be filled up from amongst Class-IV employees. According to the Committee of Management, none of the Class-IV employees are eligible or have the education qualification for being considered for promotion on Class-III post 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, such posts can be filled by direct recruitment.
The writ petition is disposed of with the direction to the District Inspector of Schools to consider the claim of the petitioner and pass appropriate orders in accordance with law after verifying the facts whether any Class-IV employee is eligible to be considered for promotion or not. The said decision shall be taken in accordance with law, as far as possible, within a period of two months from the date a certified copy of this order is presented before the authority concerned.
Order Date :- 26.8.2019 SKM