Court No. - 58
Case :- WRIT - A No. - 13211 of 2018 Petitioner :- Rama Shankar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prabhakar Awasthi,Dinesh Mishra Counsel for Respondent :- C.S.C.,Kapoor Chandra Vishwakarma
Hon'ble Ashwani Kumar Mishra,J.
Committee of Management of the institution concerned has passed a resolution in favour of the petitioner for promotion to the post of Lecturer in Hindi. This proposal has been turned down by the Joint Director of Education, on the ground that respondent no.5 is senior to petitioner, but his claim has not been examined. The Joint Director has proceeded on the premise that respondent no.5 is qualified and his claim has not been considered. It is this order, which is under challenge in the present writ petition.
Learned counsel for the petitioner with reference to the supplementary affidavit filed today contends that respondent no.5 was not having Hindi as one of the subjects in his graduation, and therefore, in view of the qualification prescribed under Appendix-A, he is ineligible for being promoted to the post in question. It is stated that this aspect of the matter has not been considered, and therefore, disapproval of petitioner's claim for promotion is bad in law.
I have heard learned counsel for the petitioner and Sri N.L. Pandey, who has appeared for respondent no.5.
Learned counsel for the respondent no.5, on the other hand, submits that the said respondent possesses requisite qualification in terms of the appendix, and the order of the Joint Director is valid.
Having considered the submissions advanced, this Court finds that although the Joint Director has disapproved the resolution of Committee of Management, but the aspect relating to possessing of eligibility by respondent no.5 has not been specifically adverted. The question as to whether respondent no.5 possesses qualification in terms of Appendix-A has not been specifically dealt with.
In such circumstances, it would be appropriate to permit petitioner to approach respondent no.3 raising this issue also before him, alongwith certified copy of this order, within a period of two weeks from today. Joint Director of Education shall specifically address the aspect of eligibility of respondent no.5 for being considered for promotion after affording opportunity of hearing to respondent no.5 in the matter. A fresh order in the matter would be passed within a further period of three months, thereafter. The order impugned in the present writ petition shall be subject to the fresh orders to be passed in the matter.
Order Date :- 30.5.2018 Anil