Court No. - 38 Case :- WRIT - A No. - 51631 of 2009 Petitioner :- Harish Chandra Prasad Respondent :- Distt. Inspector Of Schools & Others Petitioner Counsel :- Prakash Padia,R.G. Padia Respondent Counsel :- C.S.C. Hon'ble Sudhir Agarwal,J.
Heard Shri Prakash Padia, learned counsel for the petitioner; learned standing
counsel appearing for respondent nos.1 and 2 and Shri R.K. Ojha, learned
counsel, who has put in appearance on behalf of respondent no.5.
The writ petition is directed against the order dated 24.2.2009 whereby the
Manager of the Committee of Management of Shri Budha Vidyapeeth Inter
College, Birdpur, District Sidharth Nagar-respondent no.4 has rejected the
representation of the petitioner for considering his candidature for promotion
to class III post, since he has not completed five years of substantive service
on class IV post on the date of occurrence of vacancy.
This factual position is not disputed by Shri Prakash Padia, learned counsel
for the petitioner. It is submitted that since during the pendency of the matter
the petitioner has completed five years of service, he is entitled to be
considered for promotion. I, however, do not find force in the submission.
The law is well settled in this regard that the qualification, as applicable on
the date of occurrence of vacancy, has to be considered. The petitioner was
not qualified on the date of occurrence of vacancy. Mere delay in making
selection by the appointment authority will not make a person entitled to
become liable to be considered against the vacancy for which he was not
qualified.
However, I find that the settled legal proposition in this regard is that the
eligibility for promotion has to be considered on the date of occurrence of the
vacancy. In Ram Saran Singh Vs. Committee of Management, (2002) 3
UPLBEC 2121; Sunil Kumar Misra Vs. Regional Selection Committee &
others, (2004) 2 UPLBEC 1520; Subhash Prasad Vs. Regional Selection
Committee, Gorakhpur & others, 2004 ALJ 3711; Brahm Dutt Tripathi Vs.
State of U.P. & others, (2005) 2 UPLBEC 1713, Gupteswar Tiwari Vs. Joint
Director of Education, Azamgarh & others, (2005) 4 AWC 3893 and Jabar
Singh Vs. Joind Director of Education, 2007 (3) UPLBEC 2760, this Court
has clearly held that the eligibility for promotion has to be considered on the
date of occurrence of vacancy and not on the date when the Management
decided to fill in the same.
I find no merit in this petition. It is, therefore, dismissed.
Order Date :- 16.7.2010
A.