Uttarakhand High Court
WPSS/1978/2019 on 23 June, 2022
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
WPSS No. 1978 of 2019
With
WPSS No. 2037 of 2019
Hon'ble Manoj Kumar Tiwari, J.
Mr. Rajendra Dobhal, Senior
Advocate assisted by Mr. Harendra
Belwal, Advocate for the petitioner in
WPSS No. 1978 of 2019.
Mr. Alok Mahra, Advocate for the
petitioner in WPSS No. 2037 of 2019.
Mr. Virendra Singh Rawat, Brief
Holder for the State.
Mr. Yogesh Pacholia, Advocate for
respondent nos. 4 and 5.
Punam Chand (Petitioner in WPSS
No. 1978 of 2019) has filed an
application seeking leave to amend the
relief clause of the writ petition.
Learned counsel for respondent
nos. 4 and 5 have opposed the
amendment application on the ground
that if amendment application is allowed,
it will enlarge the scope of controversy
involved in the writ petition.
This Court is also of the considered
opinion that by permitting the petitioner
to add a new prayer in the relief clause,
nature of the writ petition would be
changed. Accordingly, amendment
application (IA No. 13727 of 2022), is
rejected.
Since common questions of law and
fact are involved in these writ petitions,
therefore are being taken up together
and are being decided by this common
judgment.
There is a government aided
minority institution known as Adams
Girls Inter College in Almora, in which
education is imparted to girl students
upto intermediate level.
Punam Chand (petitioner in WPSS
No. 1978 of 2019) was appointed as L.T.
Grade Teacher (Maths) in the said
college in the year 2001; and, she is still
serving in the said capacity.
Shalini Singh (petitioner in WPSS
No. 2037 of 2019) was appointed as L.T.
Grade Teacher (General) in the said
college on 12.02.2005; and, she is still
serving as L.T. Grade Teacher in the said
Institution.
The next promotional avenue
available to Assistant Teacher L.T. Grade
is to the post of Lecturer. It is not in
dispute that one post of Lecturer
(History) is lying vacant in the said
college since 01.04.2012. It is also not in
dispute that the said post of Lecturer
(History) is required to be supplied by
promotion under 50% promotion quota.
Petitioners in both the writ petitions
contend that they are entitled for
promotion to the post of Lecturer
(History).
Punam Chand (petitioner in WPSS
No. 1978 of 2019) contends that she is
entitled for promotion, by virtue of her
seniority, as she is the senior-most
Assistant Teacher, L.T. Grade in the
college; and, she acquired M.A. (History)
qualification in the year 2011, much
before occurrence of vacancy on the post
in question.
Shalini Singh (petitioner in WPSS
No. 2037 of 2019), however, stakes her
claim for promotion to the post of
Lecturer (History) on the ground that,
she possessed M.A. History qualification
on the date of her appointment in 2005;
and, she has put in required five years of
service on the post of L.T. Grade
Teacher, on the date of occurrence of
vacancy on the post of Lecturer
(History).
Shalini Singh (petitioner in WPSS
No. 2037 of 2019) further contends that
Punam Chand (petitioner in WPSS No.
1978 of 2019) acquired M.A. History
qualification, subsequent to her
appointment as L.T. Grade Teacher; and,
such qualification was acquired by her
without obtaining permission from the
competent authority. In support of this
contention, a document has been
enclosed as Annexure no. 11 to the writ
petition filed by Shalini Singh.
Perusal of the said document
indicates that application made by
Punam Chand seeking permission to
pursue M.A. History course was rejected
by the Committee of Management of the
concerned Institution, on 18.06.2010.
Learned senior counsel for the
petitioner in WPSS No. 1978 of 2019,
however, relies upon a document, which
is enclosed as Annexure No. 3 to the
rejoinder affidavit, filed by Punam
Chand, in reply to the counter affidavit of
respondent no. 4.
Perusal of the said document
reveals that in a meeting of Committee
of Management of the concerned
Institution held on 09.04.2016,
applications made by petitioners in both
the writ petitions were considered by
Committee of Management and a
decision was taken "to move their papers
to the department by official post or
mail".
Learned Senior Counsel for the
petitioner has also referred to a
document enclosed as Annexure no. 1 to
WPSS No. 1978 of 2019, which is an
application made by Punam Chand to
Manager of the Institution seeking
permission to appear in M.A. (History)
Examination. On the said application,
there is an endorsement made by
Manager that "seen-allowed forwarded to
Management Committee". Based on the
said document, learned senior counsel
submits that since manager had allowed
Punam Chand's application seeking
permission to pursue M.A. (History)
course, therefore, nothing more was
needed and she is entitled to promotion
based on her M.A. Qualification.
Learned counsel for respondent
nos. 3 and 4, however, submits that
manager was not competent to take
decision on application submitted by
Punam Chand, therefore, Manager had
forwarded her application to Committee
of Management and Committee of
Management has rejected her request.
Learned Senior Counsel for the
petitioner in WPSS No. 1978 of 2019,
however, submits that decision taken by
Committee of Management was never
communicated to Punam Chand or else
she could have challenged rejection of
her application.
Admittedly, post of Lecturer
(History) is lying vacant from the year
2012, which is neither in public interest
nor in the interest of person who is
eligible for promotion, therefore, with the
consent of parties, both writ petitions are
disposed of with the following directions:
(i) The Committee of Management
shall take decision regarding
eligibility of Ms. Punam Chand and
Ms. Shalini Singh and other Assistant
Teacher, L.T. Grade for promotion to
the post of Lecturer (History). The
Committee of Management shall also
consider whether the M.A. (History)
qualification acquired by Ms. Punam
Chand was with permission of the
Competent Authority. Such decision
shall be taken within three weeks
from the date of production of
certified copy of the order.
(ii) Within one week of taking the
decision as aforesaid, the Committee
of Management shall seek approval
from the Competent Authority in
Education Department for initiating
promotion exercise and the
Competent Authority shall pass
appropriate order on the request of
Committee of Management within
ten days. The process of selection
for promotion would be completed
within eight weeks thereafter.
(Manoj Kumar Tiwari, J.)
23.06.2022
AK
