Court No. - 18 Case :- WRIT - A No. - 41962 of 2010 Petitioner :- Ram Niwas Kansal Respondent :- State Of U.P. And Others Petitioner Counsel :- S. P. Singh Respondent Counsel :- C. S. C. Hon'ble Arun Tandon,J.
The Regional Joint Director of Education, Meerut Region, Meerut on
23.04.2010 has passed an order cancelling the order of the Regional Level
Committee dated 13.07.2007, granting approval to the promotion of the
petitioner as Lecturer English, on the ground that the vacancy on the post of
Lecturer English was caused on 30th June, 2000 and on the date of occurrence
of vacancy the petitioner was not possessed of the essential prescribed
qualification.
The order is said to have been passed without notice and opportunity to the
petitioner and even otherwise is bad for two reasons (a) under Rule 14 of the
The U.P. Secondary Education Services Selection Board Rules, 1998
qualifications are to be judged on the first day of the year of recruitment and
not on the date of occurrence of vacancy. Further a provisional mark-sheet
had been issued in favour of the petitioner on 27th June, 2000 and therefore it
has to be examined as to whether on the first day of the year of recruitment,
with reference to the vacancy of Lecturer English, whether the petitioner had
passed his M.A. Final Examination or not.
In the totality of the circumstances on record, the order passed by the Joint
Director of Education dated 23.04.2010 is hereby set aside. The consequential
order of the District Inspector of Schools is also set aside.
Let the Regional Joint Director of Education pass a fresh order after affording
opportunity of hearing to the petitioner and the Committee of Management,
preferably within four weeks from the date a certified copy of this order is
filed before him.
With the aforesaid observation/direction the present writ petition is disposed
of.
Order Date :- 21.7.2010
Pkb/