Allowed

Committee of Management Bharat Sewak Samaj Inter College and Another v. State of U.P. and 4 Others

Allahabad HC18 May 2018WRIA/11406/2018

Case brief

AI extract

What is this about?

The Court quashed the impugned order rejecting direct recruitment for filling Class III vacancies. It held that with the promotion quota post rendered otiose, permission to fill one vacancy via direct recruitment is granted. The Director is directed to investigate eligibility for promotion for the second class III vacancy and sanction direct recruitment if no eligible class IV candidate exists.

What did the court decide?

The impugned order dated 9.3.2018 passed by the Director of Education, Secondary, U.P. is quashed. Permission is granted to fill one vacancy by direct recruitment.

Committee of Management Bharat Sewak Samaj Inter… — Service and Employment | Allahabad HC (2018)

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Court No. - 13

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Case :- WRIT - A No. - 11406 of 2018

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Petitioner :- Committee Of Management Bharat Sewak Samaj Inter College And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Parmatma Nand Ojha,Abhishek Shekhar Ojha Counsel for Respondent :- C.S.C.

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Hon'ble Ajit Kumar,J.

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Heard learned counsel for the parties.

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Grievance of the petitioner in this writ petition is that by the impugned order the representation moved by the Committee of Management has been rejected and Committee of Management is before this Court for considering the prayer for granting necessary permission to fill-up the Class 3rd vacancies by direct recruitment under Regulation 101 of Chapter III of the Intermediate Education Act as there is no eligible candidate to be promoted from class IV to class III.

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Having perused the order impugned passed by the Director Education Secondary, I find that since the 50% of the vacancies in the class III category are to go to the promotion quota, and one Head-clerk is already working in promotion quota one of the other tow posts should have fallen in the quota of promotion. The Director of Education was of the opinion that the Second post being subject matter of litigation before this Court in Writ Petition No. 11524 of 2009, it was not permissible to grant permission to the Committee of Management to proceed with any selection process by direct recruitment.

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Since, the Writ Petition No. 11524 of 2009 has been dismissed today on account of two factors: firstly, the post that was advertised and subject matter of litigation before this Court in the aforesaid writ petition that post was got to be filled in by the Committee of Management from reserved category candidate which is not permissible in view of Full Bench Judgement of this Court in the case of Heera Lal vs. State of U.P. and others [2010] 3 BSC Page 2091 ALL. , and secondly, the selection and appointment was also not further acted upon as it appears the papers were not forwarded to District Inspector of Schools for according any approval. Therefore, the entire selection proceedings of the year 2008-2009 got rendered otiose.

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The learned Standing Counsel under the circumstances fairly conceded that since the Writ Petition No. 11524 of 2009 has been dismissed and that selection impugned in that writ petition

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has not been acted upon the posts can be filled in by making appointment as per regulations.

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The question of consideration of a vacancy within 50% quota for promotion is dependent upon the candidates availability with requisite qualification for promotion while the vacancy of head clerk is to be filled in by promoting the existing clerk, the question of one of the remaining vacancies of clerk being filled in by promotion is obviously dependent upon the unavailability of eligible candidate in class IV category.

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In view of the above, order dated.9.3.2018 passed by the Director of Education Secondary, U.P. cannot be sustained and is hereby quashed. The Director of Education, Secondary is directed to grant necessary permission to the Committee of Management to fill up one of the vacancies existing in the Institution by direct recruitment. However, while granting permission for the second vacancy to be filled-in by Direct Recruitment, the necessary enquiry shall be made by the Director to his satisfaction as to whether any class 4th employee in the Institution is eligible for promotion or not and in case, if he finds that there is no such eligible candidate in the Institution in the Class 4th category and there is need to fill up said vacancy also in the interest of Institution, he shall accord the necessary sanction for the same also to be filled in by direct recruitment.

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Necessary exercise shall be shall be carried out positively within the period of three months from the date of production of certified copy of this order.

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Writ Petition is allowed with the aforesaid observations and directions.

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Order Date :- 18.5.2018 Neeraj

Committee of Management Bharat Sewak Samaj Inter College and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Committee of Management Bharat Sewak Samaj Inter College and Another v. State of U.P. and 4 Others

Case brief

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What did the court decide?

What the court decided

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