Court No. - 36
Case :- WRIT - A No. - 8961 of 2019 Petitioner :- Smt. Vandana Saxena Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mirza Ali Zulfaqar,Nitinjay Pandey Counsel for Respondent :- C.S.C.,Vijai Kumar Srivastava
Hon'ble Mrs. Sunita Agarwal,J.
By means of the present writ petition, the petitioner who has been appointed as Block Resource co-ordinator at the Block Resource Centre on 20.7.2018, seeks to challenge the order of removal dated 10.5.2019 form the said post on the basis of a direction issued by the District Magistrate dated 1.5.2019. The office memorandum dated 10.5.2019 had been issued by the District Basic Education Officer, Rampur, pursuant to the order of the District Magistrate dated 1.5.2019, wherein a direction was given to remove all Block Resource Coordinators for their slackness in discharging their official duties, except 10 who had submitted report pursuant to the directions issued by the District Magistrate dated 26.4.2019.
To challenge the order passed by the District Basic Education Officer, Rampur dated 10.5.2019, the contention of the learned counsel for the petitioner is that the said order had been passed without granting any opportunity of hearing to the petitioner i.e. to explain as to why she should not be removed from the said post.
Further submission is that the District Magistrate had asked the petitioner to perform an impossible task, as it was not possible for the petitioner to submit a project report of a period of nine months within two days form the date of directions given on 26.4.2019.
As far as the contention of the learned counsel for the petitioner regarding opportunity to the petitioner, suffice it to note that the appointment of the petitioner on the post of Block Resource Coordinator was a contractual appointment subject to the condition that she can be removed at any point of time by the competent authority, who is in-charge of supervision of working of the Block Resource Coordinators.
The Block Resource Coordinators are appointed from amongst the Assistant Teachers working in different Basic Schools being run by the Basic Shiksha Parishad in the State of U.P. Their job is to prepare students profile, schools profile, analyze the performance of students after collection of the data of their marks and prepare report for improvement in teaching methods after analysis of the said data. The object and purpose of the appointment of Block Resource Coordinators in a block is to ensure that quality education can be provided to the students studying in the Basic Schools and quality of teaching can be improved in such schools by preparing schemes for improvement of the teaching system.
This is reflected form the order impugned dated 10.5.2019 that in a meeting of all the Block Resource Coordinators held on 26.4.2019, the District Magistrate, Rampur had directed them to provide their report i.e. the schemes prepared by them for the period of their working, within two days.
The said directions had been extracted 'in bold' in the order impugned.
A careful reading of the said direction clearly indicates that the petitioner was required to furnish the report prepared by her since after the date of joining i.e. for the period from 20th July, 2018 to 28.4.2019. It is admitted to the petitioner that any scheme or project report prepared by her during the period of her working was not submitted pursuant to the directions of the District Magistrate dated 26.4.2019. It is also admitted that the petitioner was under obligation to prepare such project report much before the directions were issued by the District Magistrate.
For the said facts, the contention of learned counsel for the petitioner that it was an impossible task and the project report could not have been prepared within a period of two days, therefore, is not acceptable.
As far as opportunity is concerned, it is noted that the nature of appointment itself is contractual. The petitioner has no right to continue on the post. It is not against a substantive post. The petitioner is found lacking in performing her duties as Block Resource Coordinator properly. The removal from the said post would not entail any serious civil consequence, inasmuch as, the petitioner shall continue to hold her substantive post of Assistant Teacher.
For the aforesaid, this Court does not find any reason to interfere in the decision taken by the Administrative Authority i.e. the District Magistrate, Rampur, pursuant to which the office order dated 10.5.2019 has been passed.
For the above discussion, no interference is required.
The writ petition is, accordingly, dismissed.
Order Date :- 30.5.2019 Brijesh