Petitioner before this Court seeks quashing of the order dated 24.11.2003 whereunder the papers transmitted qua regular promotion of the petitioner as Lecturer (History) have been returned after recording a finding that the vacancy is required to be filled from a Scheduled Caste category candidate. The petitioner not being a member of such category is not entitled for regular promotion against the same.
Facts in short giving rise to the present writ petition are as follows :
Raja Ram Mahila Inter College, Badaun is an aided and recognized institution under the provisions of the Intermediate Education Act, 1921. The provisions of U.P. Secondary Education Services Selection Board Act, 1982 (herein after referred to as the Act, 1982) and rules framed thereunder are fully applicable to the teachers of the said institution. As per the records made available to the Court, eight posts of Lecturer were created in the institution. One Shyama Devi Sharma who was working as Lecturer (History) in the institution expired on 15.06.1995 causing a vacancy on the post of Lecturer (History).
The petitioner was appointed as C.T.Grade teacher in the said institution on 14.11.1979. On completing 10 years of service she was granted L.T. Grade w.e.f. 13.11.1989. In view of Section 33-D of the Act, 1982 the petitioner is to be treated as L.T. Grade teacher. She was granted ad hoc promotion as Lecturer against the said vacancy which appointment was approved by the District Inspector of Schools vide order dated 11.02.1997. The order was made effective w.e.f. 17.08.1995. It appears that the papers in respect of regular promotion of the petitioner were forwarded to the respondent authorities. It is on these papers that the impugned order has been passed recording therein that the vacancy was within the quota for Scheduled Caste, therefore, the petitioner cannot be granted regular promotion.
A supplementary counter affidavit has been filed by the District Inspector of Schools dated 18.11.2006. From Annexure-1 to the supplementary counter affidavit as well as the facts on record, it is an admitted position that there are eight sanctioned posts of Clerk, 50% of the same are required to be filled by way of promotion which would work out to four. It is further admitted on record that on the date Shyama Devi Sharma expired i.e. 15.06.1995, there were seven lecturers actually working in the institution including Shyama Devi Sharma. Out of seven persons, three had been appointed by direct recruitment and one post was vacanct, meaning thereby that the vacancy which was occurred due to death of Shyama Devi Sharma, was required to be filled by way of promotion. It is against this vacancy that the petitioner had claimed promotion as Lecturer.
A Full Bench of this Court in the case of Heera Lal and others vs. State of U.P. and others reported in (2010) 3 UPLBEC, 1761 has held that for reservation being provided in favour of Scheduled Caste category, there must be at least five posts in the cadre concerned. The Full Bench has further explained that where the vacancies are required to be filled by promotion as well as directed recruitment, such number of posts have to be individually determined for each source of recruitment.
In view of the said Full Bench judgment, it has to be held that since there are only four posts within the promotion quota in the cadre of Lecturer in the institution, no reservation for Scheduled Caste category candidate can be provided. Consequently the reasons assigned in the impugned order fall to ground. The order impugned is therefore, quashed. Let the respondent no. 3 (Joint Director of Education, Bareilly Region, Bareilly) reconsider the claim of the petitioner for regular promotion in accordance with the Act, 1982 preferably within eight weeks from the date a certified copy of this order is filed before him. All consequential action be taken accordingly.
Writ petition is allowed subject to the observations made herein above.
Dated : 22.02.2011 VR/3320/04