Posted On by &filed under Allahabad High Court, High Court.


Allahabad High Court
Kamla Farzana vs Jt. Director Of Education & Others on 29 January, 2010
Court No. - 18

Case :- WRIT - A No. - 4273 of 2010

Petitioner :- Kamla Farzana
Respondent :- Jt. Director Of Education & Others
Petitioner Counsel :- Sumati Rani Gupta
Respondent Counsel :- C.S.C.

Hon'ble Sudhir Agarwal, J.

Heard Sri K.P. Agarwal, learned Senior Advocate assisted by Miss Sumati
Rani Gupta, learned counsel for the petitioner and perused the record.
The order impugned is dated 12.05.2009 passed by the District Inspector of
Schools, Allahabad directing the management, Majidia Islamia Inter College
to send the name of senior most teacher, i.e., Smt. Taseer Fatma for being
considered for promotion to the post of Assistant Teacher, L.T. Grade under
25% promotion quota.

It is not disputed by Sri Agarwal that Smt. Taseer Fatma is senior to petitioner
but what he submits is that the teacher who retired was Assistant Teacher,
L.T. Grade (Urdu) and, therefore, the appointment ought to have been made
of a person who possess requisite qualification in Urdu but Smt. Taseer Fatma
does not possess the said qualification. However, he could not place before
this Court any material to show that the post of Assistant Teacher, L.T. Grade
is sanctioned by the competent authority with reference to the particular
subjects.

Besides, Regulation 7 also confer right of promotion to the teachers of
primary school for being promoted to the extent of 25% in L.T. Grade after
completion of 5 years service and if they are graduate without any reference
to further specialise qualification in particular subject. In the absence of any
provision showing that the order of District Inspector of Schools is contrary
thereto, I find no reason to interfere since in my view the impugned order is
consistent to Regulation 7(2)(a) as amended by notification dated 26.02.2003,
a copy whereof has been placed on record as Annexure-3 to the writ petition.
The writ petition, therefore, lacks merit. Dismiss.
Dt. 29.01.2010
AK-4273/10


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