Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The present petition has been filed challenging the order dated 22.7.2021, whereby the DIOS has passed an order referring the matter back for sending the proposal for promotion in favour of one Ravi Kumar, respondent no. 5 herein.
The contention of learned counsel for the petitioner, in brief, is that the petitioner is the senior most teacher in the Institution in question in terms of the seniority list prepared by the Committee of Management and as contained in Annexure-5 to the writ petition, whereby the name of the petitioner appeared at Serial No. 1 and the name of the respondent no. 5 appeared at Serial No. 3. It is argued that on account of the vacancy which arose on the post of Lecturer (Hindi) on account of retirement of one Narendra Singh Gaur, the Hindi Teacher, the petitioner being the senior most was eligible for the promotion.
It is argued that in terms of the seniority list, name of the petitioner was forwarded for approval before the DIOS, who has proceeded to pass the order dated 22.7.2021, impugned herein, holding that the respondent no. 5 is senior to the petitioner, as such the fresh proposal be sent including the name of respondent no. 5.
The contention of learned counsel for the petitioner at this stage is that the order dated 22.7.2021 is without jurisdiction on both the count i.e. that the question of approval of promotion is to be forwarded and to be considered by the Regional Level Committee headed by the Joint Director in terms of the U.P. Secondary Education Services Selection Board, Rules, 1998. He places reliance on Rule 14 (4) & (5) of the said Regulations to impress that it is only the Joint Director, who is empowered to take a decision.
On the second count, he argues that even in respect of the seniority in terms of Chapter-II of the Regulations framed under the U.P. Intermediate Education Act, 1921, the decision with regard to the seniority is to be taken by the Committee of Management and an appeal therefrom lies before the Regional Level Committee headed by the Joint Director. Specific reliance is placed on Regulation 3 (e) & (f).
It appears from the record that no appeal has been filed against the determination of the seniority by the Committee of Management by the respondent no. 5.
I have perused the said order, which determines the seniority of the petitioner as well as the respondent no. 5. The said order on the face of it, has been passed without affording any opportunity.
Thus on all the three counts i.e. two grounds raised by the petitioner and the fact that the order has been passed without even affording an opportunity of hearing, the impugned order dated 22.7.2021 is liable to be set aside and is set aside with direction to the DIOS to forward the resolution as sent by the Committee of Management before the Joint Director, who shall consider the said resolution in accordance with law and pass requisite order in terms of the powers conferred on the Regional Level Committee headed by the Joint Director under the U.P. Secondary Education Services Selection Board, Rules, 1998. The said decision shall be taken by the Joint Director, as expeditiously as possible, preferably within a period of four months from the date of production of a copy of this order before the concerned respondent.
The writ petition is disposed off in terms of the said order.
Copy of the order downloaded from the official website of this Court shall be treated as certified copy of this order.
Order Date :- 18.8.2021 S. Rahman