Allahabad High Court
C/M Urmila Raghav Arya Kanya Inter ... vs State Of U.P. And 2 Others on 23 January, 2020
Author: Surya Prakash Kesarwani
Bench: Surya Prakash Kesarwani
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 5 Case :- WRIT - A No. - 588 of 2020 Petitioner :- C/M Urmila Raghav Arya Kanya Inter College, Bulandshahr And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bheem Singh Counsel for Respondent :- C.S.C. Hon'ble Surya Prakash Kesarwani,J.
1. Heard learned counsel for the petitioner and Sri Rajesh Khare, learned standing counsel for the State-respondents.
2. This writ petition has been filed praying to quash the order dated 19.09.2019, passed by the respondent no.2 declining to grant prior permission to fill up the post of Assistant Clerk in the petitioners' institution.
3. Learned counsel for the petitioners submits that there is only one sanctioned post of Assistant Clerk in the institution. The person who was posted as Assistant Clerk had retired in November 2017. A Class IV Employee, namely, Sri Ashutosh claimed promotion on the aforesaid Class III Post. He filed a Writ -A No.3331 of 2019 (Ashutosh Vs. State Of U.P. and 2 Others) which was disposed of alongwith Writ A No.26303 of 2018 (C/M Urmila Raghav Arya Kany Inter College and another Vs. State Of U.P. and 2 Others) by Order dated 14.03.2019, which is reproduced below:-
"Both the writ petitions relate to promotion same on class III post, and therefore, have been heard together and are being disposed of by this common order.
In Writ Petition No.26303 of 2018 an order passed by the District Inspector of Schools, Bulandshahr dated 30.10.2018 is challenged which records that since there exits only one post of Assistant Clerk in the institution, the same would have to be filled by way of promotion from the eligible senior most class IV employee. While passing the order claim of respondent no.3 has been substantially accepted, inasmuch as it is recorded that he is eligible for promotion as he has passed intermediate and also obtained 'CCC' qualification.
The order impugned is assailed by the Committee of Management by relying upon Govt. Order dated 4.1.2017 to submit that there exists requirement of possessing typing speed of 25-30 words per minute in Hindi or English, as the case may be, and since respondent no.3 is not found to have such typing speed, the Inspector was not justified in holding him eligible for promotion.
This argument is opposed by Sri Sankalp Narain, learned counsel for the contesting respondent, who submits that no such objection was ever raised during the course of hearing and that contesting respondent otherwise possesses requisite typing speed. It is stated that since the Committee of Management is opposing claim of contesting respondent for reasons not sustainable in law, it is only trying to invent reasons to object to the order impugned which required possessing of typing skill. Requirement of typing as per Govt. Order dated 4.1.2017 cannot be doubted. The Committee of Management, therefore, would be justified in questioning the order of the Inspector if it is found that such typing speed is not possessed by respondent no.3.
In the facts and circumstances, it would therefore be appropriate to direct the District Inspector of Schools to have a type test conducted by an officer deputed by him with due intimation to the Committee of Management and respondent no.3 undertakes to compete in such test and in case he is found to qualify such typing test, the Inspector shall proceed further in terms of the order dated 30.10.2018. The required consideration would be undertaken within a period of six weeks from the date of presentation of certified copy of this order.
With the aforesaid observations, the Writ Petition No.26303 of 2018 stands disposed of.
The Writ Petition No.3331 of 2019 virtually seeks enforcement of the order of the Inspector dated 30.10.2018. In view of the above directions, the Writ Petition No.3331 of 2019 also stands disposed of on the same terms."
4. It appears that thereafter an order dated 16.05.2019 was passed by the District Inspector of Schools, Bulandshahr, holding that the aforesaid Class IV employee, namely, Sri Ashutosh could not pass typing test and, therefore, is ineligible for Class III post. That order was challenged by the aforesaid employee in Writ -A No.14167 of 2019 (Ashutosh Vs. State Of U.P. and 2 Others) which was disposed of by this Court by order dated 25.09.2019 giving liberty to the aforesaid employee that in the event advertisement is issued for direct recruitment he will also be eligible to apply and in case he applies his claim will also be considered alongwith others. This order has attained finality. It shall not be out of place to mention that the petitioner has also earlier filed a Writ - A No.10503 of 2019 (C/M Urmila Raghav Arya Kanya Inter College, Bulandshahr, and Another Vs. State Of U.P. and 2 Others) which was disposed of by order dated 18.07.2019 directing as under:-
"Heard Sri Bheem Singh, learned counsel for the petitioners and the learned Standing Counsel appearing for the State-respondents.
The petitioner is the Committee of Management of an Intermediate College, namely, Urmila Raghav Arya Kanya Inter College, Pahasu, District Bulandshahar. The said Institution is an aided Institution and is governed by the provisions of U.P.Intermediate Education Act, 1921 and Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 as well as U.P.Act No.5 of 1982.
According to the learned counsel for the petitioners, there is only one post of Class-III employee in the Institution and according to the judgment rendered in the case of Jai Bhagwan Singh Vs. District Inspector of Schools, Gautambudh Nagar and others reported in (2006)3 UPLBEC 2391, the single post of Class-III can be filled only by way of promotion.
According to the learned counsel Sri Bheem Singh, there is no eligible candidate in Class-IV in the Institution, who has valid qualification to be considered for promotion on Class-III post and, therefore, a prayer has been made that the papers, which have been forwarded to the District Inspector of Schools for further action to fill up the post from direct recruitment, be considered.
Sri Singh, learned counsel has also relied upon a decision of this Court in the case of Munna Lal Vs. Devendra Bahadur Singh Chandel and others, reported in (2007) 3 UPLBEC 2728 wherein considering the case of Jai Bhagwan Singh(supra) the Court has held that in case there is no person eligible in Class-IV post for being considered in Class-III post in the institution, then the said post can be filled up through direct recruitment.
Since the papers have been forwarded to the District Inspector of Schools, this writ petition is disposed of with the observation that the District Inspector of Schools will take necessary steps and pass appropriate orders. In case he finds that there is no eligible candidate in Class-IV to be considered for promotion on Class-III post, then forward the papers to the Director of Education (Secondary)-respondent no.2 for appropriate action. The said decision shall be taken in accordance with law, as far as possible, within a period of one month from the date a certified copy of this order along with a fresh representation is presented before the District Inspector of Schools."
5. However, in complete ignorance of the orders of this Court in Writ A No.26303 of 2018, Writ - A No.3331 of 2019 and Writ - A No.14167 of 2019 and also in complete disobedience of the order in Writ - A No.10503 of 2019, the respondent no.2 has passed the impugned order. The basis of the impugned order is that the Writ - A No.3331 of 2019 filed by the aforesaid Class IV employee for promotion is pending which is factually incorrect inasmuch as Writ - A No.3331 of 2019 was disposed of by the aforequoted order dated 14.03.2019 and the representation of the aforesaid Class IV employee Sri Ashutosh was rejected by the District Inspector of Schools by order dated 16.05.2019 which was challenged by him in Writ - A No.14167 of 2019 and the writ petition was disposed of permitting him to participate in case any advertisement is issued for direct recruitment. In the petitioners' Writ - A No.10503 of 2019, this Court by the aforequoted order dated 18.07.2019 clearly directed the respondent no.2 to take necessary steps and pass appropriate orders.
6. Under the circumstances, the impugned order dated 19.09.2019 can not be sustained and is hereby quashed. The respondent no.2 is directed to pass an appropriate order for grant of permission for fill up Class III post within three weeks from the date of presentation of certified copy of this order.
7. Writ petition is disposed of.
Order Date :- 23.1.2020/vkg