Allahabad High Court
Km.Sweta Srivastava vs State Of U.P.& 5 Ors. on 12 October, 2017
Bench: Surya Prakash Kesarwani
HIGH COURT OF JUDICATURE AT ALLAHABAD
A.F.R.
Court No. - 7
Case :- WRIT - A No. - 31876 of 2013
Petitioner :- Km.Sweta Srivastava
Respondent :- State Of U.P.& 5 Ors.
Counsel for Petitioner :- Rajesh Kumar,C.K.Jha,H.M.B. Sinha,R.P.Tiwari,Siddharth Khare,Siddharth Nandan,Smt. Seema Singh,Varun Dev Sharma
Counsel for Respondent :- C.S.C.,A.K.Yadav,Indra Raj Singh
Hon'ble Surya Prakash Kesarwani,J.
1. Heard Sri Siddharth Nandan learned counsel for the petitioner, Sri I.S. Tomar, Addl. C.S.C. for respondent nos.1,2,3,4 and 7, Sri A.K. Yadav, learned counsel for respondent no.6 and Sri Indra Raj Singh, learned counsel for the respondent no.5.
2. This writ petition has been filed praying for the following relief:
1) a writ, order or direction in the nature of certiorari quashing the impugned order/letter dated 10.4.2013, passed by respondent no.5.
2) a writ, order or direction in the nature of Mandamus commanding the respondent no.-4 to direct the respondent no.5 for the withdrawal of payment/salary of the petitioner pending since March 2013 till date, otherwise the petitioner will suffer much and much irreparable loss.
3) a writ, order or direction in the nature of Mandamus commanding the respondent no.-5 not to disturb the petitioner in the peaceful working in the college.
4) any suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
5) allow the writ petition and award cost of the petition to the petitioner.
3. Briefly stated facts of the present case are that the respondent no.5 institution is an Intermediate College recognised by the Board under U.P. Intermediate Education Act, 1921. The said institution is an aided institution. Provisions of The Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 are applicable to salary of teachers and other employees of the institution.
4. In paragraph 5 of the writ petition, the petitioner has stated that she has completed her B.Sc. (Home Science) in the year 1998 and M.Sc. in the year 2005 and thus being fully qualified, she applied for the post of Trained Graduate Teacher Home Science subject in pursuance to the advertisement no.1of 2010, issued by the respondent no.6.
5. Undisputedly, the petitioner is not a trained graduate in Home Science, which is the basic qualification of a teacher for Class IX and X as provided in Chapter II, Regulation 1, Appendix A of the Regulations framed under the U.P. Intermediate Education Act, 1921, for ready reference the relevant portion of the aforesaid provisions is reproduced below from the Gazette copy of Notification No.8238/iUnzg-7-76-2(18)-1975 dated 9.12.1976 filed by the respondent no.7 alongwith the affidavit dated 12.10.2017:
Hindi
English
x`g&foKku v/;kid&gkbZ Ldwy ¼d{kk 9&10½ ds fy;sA
¼1½ x`g&foKku ;k x`g vFkZ'kkL= ¼gkse bdukfeDl½ ;k ?kjsyw foKku ¼MksesfLVd lkbUl½ ;k x`g dyk ¼gkse vkVZ½ es izf'kf{kr Lukrd] ;k
¼2½ x`g&foKku egkfo|ky;] bykgkckn dk Vh0lh0 ;kA
¼3½ jktdh; x`g& foKku egkfo|ky;] bykgkckn dk o"kZ 1950&54 ds chp dk rhu o"kZ dk fMIyksek ikB~;dze] ;k
¼4½ ^^ysMh bjfou dkyst] fnYyh dk fMIyksekA^^
Home Science Teachers for High School (Classes IX -X)
(1) Trained Graduate in Home Science or Home Economics or Domestic Science or Home Arts.
Or
(2) T.C. of the College of Home Science, Allahabad.
Or
(3) Three Years' Diploma Course between the years 1950-54 of the Government College of Home Science, Allahabad.
Or
(4) Diploma of Lady Irwin College, Delhi
6. Thus, the necessary qualification for a Home Science Teacher for High School (Classes IX -X) is a trained graduate in Home Science or Home Economics or Domestic Science or Home Arts. Undisputedly, the petitioner does not possess the required qualification inasmuch as she is not a trained graduate in Home Science. Thus, the petitioner has no right of appointment as Assistant teacher of Home Science subject for High School (Classes IX -X).
7. Learned counsel for the petitioner submits that the words "izf'kf{kr Lukrd" shall qualify only for Home Arts and not for Home Science or Home Economics or Domestic Science.
8. I do not find any substance in the submissions made by learned counsel for the petitioners. There is no ambiguity in Hindi and English version of the aforesaid provisions. The words "izf'kf{kr Lukrd" shall qualify for Home Science, Home Economics, Domestic Science and Home Arts. If the words "izf'kf{kr Lukrd" is confined to read only with "x`g dyk" (Home Arts) then it shall give absurd result inasmuch as there shall not remain requirement of any degree or standard for the subjects Home Science, Home Economics or Domestic Science.
9. The discussion made above, leaves no manner of doubt that the words "trained graduate" shall qualify to Home Science, Home Economics, Domestic Science and Home Arts for the purposes of qualification provided under the Regulation for Home Science teachers for High School (Class IX and X). In other words, the basic qualification required under the regulation for Home Science teacher for High School (Class IX - X) is "trained graduate" in Home Science or Home Economics or Domestic Science or Home Arts. Thus, since the petitioner does not posses the necessary qualification, therefore, the appointment of the petitioner is void.
10. To reach to this conclusion, I am also fortified by the decision of Hon'ble Supreme Court in the case of Pramod Kumar Vs. U.P. Secondary Education Services Commission and others, AIR 2008 SC 1817 (paras 27,28 and 29) in which Hon'ble Supreme has held that if the essential educational qualification for recruitment to a post is not satisfied, ordinarily the same can not be condoned. Such an Act can not be ratified. An appointment which is contrary to the statute/statutory rules would be void in law.
11. In view of the aforesaid, I do not find any merit in this writ petition. Consequently, the writ petition fails and is hereby dismissed. If any salary has already been paid to the petitioner for the work done by her as Assistant Teacher, it shall not be recovered from the petitioner. The petitioner shall not be entitled to any further salary in view of the fact that her appointment is void.
Order Date :- 12.10.2017/vkg
