Allahabad High Court
Misbhauddin vs State Of U.P. And Others on 11 April, 2012
Bench: Arun Tandon
HIGH COURT OF JUDICATURE AT ALLAHABAD
?A.F.R.
Court No. - 33
Case :- WRIT - A No. - 57995 of 2011
Petitioner :- Misbhauddin
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Gautam Baghel,P.S.Baghel
Respondent Counsel :- C.S.C.,A.Z. Khan,Somveer Singh
Hon'ble Arun Tandon,J.
Heard Sri Gautam Baghel, learned counsel for the petitioner, Sri H.N. Singh, learned counsel for respondent nos. 5 and 6, Sri Prabhakar Awashthi, learned counsel for respondent no. 4 and learned Standing Counsel for the State-respondents.
This writ petition is directed against the order of the District Inspector of Schools, Agra dated 23rd July, 2011 whereby the District Inspector of Schools has approved the appointment of respondent nos. 5 and 6 as L.T. Grade teacher.
The present writ petition can be decided on one short ground, namely, the advertisement, which has been published by the minority institution,namely, Anwari Nelofari Kanya Intermediate College, Agra for the purposes of making appointment on the post of L.T. Grade teachers in the institution, discloses no relevant facts and therefore, is bad, as a result whereof selections held would fall automatically.
It may be noticed that the institution in question which is claimed to be minority institution published an advertisement inviting applications from the candidates for four posts of assistant teachers, one in the subject of Science and three in the Samanya Varg (general category).
By means of the order dated 26th March, 2012, this Court made a pointed query to the Secretary, Secondary Education, U.P. Government at Lucknow to explain as to what would be the word "Samanya Varg mean and what would be the qualifications prescribed as per Appendix A of Chapter II of the regulations framed under U.P. Intermediate Education Act, 1921 (hereinafter referred to as the "Act, 1921") in respect of such posts, which have been advertised by the minority institution.
The Secretary, Secondary Education, U.P. Government at Lucknow has filed his affidavit today before this Court and it has been explained that earlier the U.P. Secondary Education Services Selection Board, Allahabad had framed groups in respect of teachers to be appointed in recognized intermediate colleges as is clear from Explanation added to Rule 11 (2) (a) of U.P. Secondary Education Services Selection Board Rules, 1998 (hereinafter referred to as the 'Rules, 1998'). It has been stated that after 1998, although groups have been formed vacancies in L.T. Grade have been adversed subject-wise having regard to the qualifications prescribed under Appendix A of Chapter II of the regulated framed under Act, 1921.
This Court may record that the none of the counsels appearing before this Court could explain as to what would be the qualifications applicable in respect of posts advertised as L.D. grade "Samanya Varg". It has been fairly conceded that Samanya Varg consists of various groups of subjects, for example, History, Geography, Civics, English and all other subjects, which are not included in other group mentioned in the Explanation.
What logically follows is that there is no qualifications prescribed under Appendix A of Chapter II of the regulations framed under Act, 1921 in respect of such category of posts as have been advertised, namely, Samanya Varg. Some subjects may be included in the Samanya Varg but posts available have to be advertised subject-wise, so that the candidate may know as to whether he is possessed of the prescribed minimum qualification with reference to the subject for which teacher in L.T. Grade is required.
It is needless to emphasize that under Appendix A of Chapter II of the regulated framed under Act, 1921 qualifications for teachers in L.T. Grade have been provided subject-wise. Reference be had to Regulation 17 of Chapter II of the Regulations framed under Act, 1921 which provides that advertisement must be made subject-wise.
Similar is the situation with regard to the post advertised as Science, inasmuch as in science group subjects of science and mathematics have been included, which are two different subjects and for which different qualifications are provided under Appendix-A.
For the aforesaid reasons, the advertisement in pursuance to which the selections have been held itself being illegal, contrary to Statutory provisions contained in Regulation 17 of Chapter II of the Regulations framed under Act, 1921 and even otherwise not in accordance with the qualifications prescribed subject-wise under Appendix A of Chapter II of the regulated framed under Act, 1921 the entire selections shall fall.
It is not necessary for this Court to enter into the other grounds, which have been raised by the petitioner for challenging the said selections. Order of the District Inspector of Schools dated 23rd July, 2011, which does not take into consideration the aforesaid aspect of the matter, is hereby quashed.
Liberty is granted to the Committee of Management to re-advertise the vacancy subject-wise and to fill the posts accordingly.
The present writ petition is allowed.
(Arun Tandon, J.)
Order Date :- 11.4.2012
Sushil/-
