Uttarakhand High Court
WPSS/854/2021 on 27 September, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 27TH DAY OF SEPTEMBER, 2022
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (S/S) No. 854 of 2021
BETWEEN:
Manoj Kumar. ....Petitioner
(By Mr. Mr. Shivanand Bhatt, Advocate)
AND:
State of Uttarakhand & others. ....Respondents
(Mr. Narain Dutt, Brief Holder for the State of
Uttarakhand/respondent nos. 1 to 4 and Mr. Narendra Bali,
Advocate for respondent no. 6)
JUDGMENT
Heard learned counsel for the parties.
2. Petitioner is serving as Assistant
Teacher, L.T. Grade (Mathematics) in Krishak Inter
College, Raisi, District Haridwar. The said vacancy
has been advertised to be filled by direct
recruitment from open market. Petitioner is
aggrieved by the said advertisement dated
04.04.2021.
3. It is the contention of petitioner that the
said vacancy on the post of Lecturer
(Mathematics) falls within promotion quota,
therefore, it has to be filled only by promotion,
and the Managing Committee has illegally
advertised the said vacancy, to be filled by direct
recruitment. He further submits that petitioner
possesses Master's Degree in Mathematics,
therefore, he meets the eligibility requirement for
appointment to the said post.
4. Per contra, Mr. Narendra Bali, learned
counsel for respondent no. 6 submitted that since
no one serving in the institute was eligible for
promotion to the post of Lecturer (Mathematics),
therefore, Committee of Management decided to
invite applications by issuing an advertisement so
that the vacancy may be filled by direct
recruitment. He further submitted that the
advertisement was issued with due approval of the
Competent Authority.
5. Learned Brief Holder submitted that
appointment to teaching posts in Government
Aided Institution is governed by Regulations
framed under Uttarakhand School Education Act,
2006. He further submitted that as per
Regulations framed in 2009, any one, who fulfils
all eligibility condition for appointment as Lecturer
on the date of occurrence of vacancy on the post
of Lecturer and further who has completed
minimum five years qualifying service as Assistant
Teacher, L.T. Grade, alone is liable to be
considered for promotion. He thus submits that
since petitioner obtained Post Graduate Degree in
Mathematics only in 2021; while, the vacancy had
occurred on the said post in 2019, therefore,
petitioner was not found eligible. He further
submitted that there was no other eligible teacher
in the institution, who may be appointed as
Lecturer (Mathematics), therefore, approval for
advertising the said post was given by the
Competent Authority.
6. Learned counsel for petitioner has
produced in Court a Notification dated 10.12.2015,
whereby the Regulations framed under
Uttarakhand School Education Act in 2009 were
amended. He has relied upon amended
Regulation 6(1). Proviso to Regulation 6(1)
provides that if no eligible teacher is serving in
institution on the date of occurrence of vacancy on
the post of Lecturer, then the Committee of
Management may submit proposal for promotion
of such teacher, who fulfils the eligibility conditions
for such promotion on the first day of the relevant
academic session. Thus, he submits that
petitioner's case is covered by proviso to
Regulation 6(1) of the said Regulation.
7. Learned counsel for the petitioner
further contended that there is no provision in the
Act or Regulations, which authorises the
Committee of Management to divert a promotion
quota vacancy to direct recruitment quota.
8. To this, learned counsel for respondents
submitted that a vacancy on a promotion quota
post of Lecturer cannot be left unfilled for
indefinite period of time for want of eligible
teacher in the feeder post of L.T. Grade Teacher,
as it would be against the public interest and
against the interest of students.
9. Learned counsel for respondents further
submitted that even under proviso, eligibility has
to be seen on the first day of academic session i.e.
2020-21.
10. Having regard to the peculiar facts and
circumstances of the case, writ petition is disposed
of by permitting petitioner to make representation
to Chief Education Officer, Hardiwar. Along with
the representation, petitioner shall enclose his
educational certificates in support of his contention
that he was eligible on the first date of academic
session 2021-22. If petitioner makes such
representation, within three weeks from today,
decision thereupon shall be taken within three
months thereafter.
11. It goes without saying that before taking
any decision, comments from the Committee of
Management shall also be invited.
(MANOJ KUMAR TIWARI, J.)
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