C/M Rohta Inter College and Another vs State of U.P. and Others

Hon''ble Arun Tandon, J.—In view of the office report dated 7th January, 2012, service upon respondent No. 3 is deemed sufficient.

Respondent No. 3 to the present writ petition namely Ram Sharan Singh was appointed as Ad-hoc L.T. Grade Teacher in Rohta Inter College, Rohta, District-Agra against a short term vacancy, which was caused due to grant of Ad-hoc promotion to Dr. Hajari Lal as Principal on 01.11.1991. The appointment of petitioner was approved by the District Inspector of Schools under order dated 03rd July, 1993 with a specific recital that the appointment is to continue till Dr. Hajari Lal returns to his substantive post. Dr. Hajari Lal was, however, regularized on the post of Principal under an order of the District Inspector of Schools dated 25th June, 1994.

However, in view of the order of the Writ Court dated 07.04.2008, passed in Writ Petition No. 17323 of 2008 Dr. Hajari Lal was reverted back to his substantive post of L.T. Grade Teacher and therefore there ceased to be any vacancy against which Ram Sharan Singh could continue.

Ram Sharan Singh filed Writ Petition No. 34360 of 2004, seeking regularization, which was disposed of vide order dated 24.08.2004 requiring the authorities to consider his grievance u/s 33-C of U.P. Act No. 5 of 1982.

As already noticed above, with the return of Dr. Hajari Lal to his substantive post of L.T. Grade Teacher there ceased to be any vacancy against which Ram Sharan Singh could continue or could be considered for regularization, yet the Regional Level Committee vide its decision dated 14.12.2006 directed that the services of Ram Sharan Singh be regularized and in pursuance thereof the District Inspector of Schools passed the order dated 05.05.2010 regularizing Ram Sharan Singh on the post of L.T. Grade Teacher w.e.f. 19.12.2000.

From the facts noticed above, it is apparently clear that the District Inspector of Schools has not acted fairly. In the year 2008 Dr. Hajari Lal stood reverted to the post of Assistant Teacher, there ceased to any vacancy against which Ram Sharan Singh could continue or could be regularized. Not only Ram Sharan Singh has continued even after 2008, the District Inspector of Schools has passed an order of his regularization in 2010 and despite notice being issued by this Court till date no action has been taken to improve the situation.

Let Secretary, Secondary Education, Government of U.P., Lucknow hold an enquiry in the matter within three weeks from today and submit a report before this Court qua action to be taken.

It may be recorded that an identical order was passed by this Court on 4th August, 2010 after examining the original records in Civil Misc. Writ Petition No. 42503 of 2010 (Bachchoo Singh vs. State of U.P. & others), wherein regularization of Ram Saran Singh was challenged by the principal of the institution, namely, Bachchoo Singh. Against the said order, Special Appeal No. 1388 of 2010 was filed by Ram Saran Singh. The appeal was allowed vide order dated 31st December, 2010 only on the ground that the order has been passed without notice to Ram Saran Singh. Copy of the order of the Division Bench has been enclosed as Annexure-12 to the present writ petition. In order to ensure compliance of the order passed by the Division Bench in the aforesaid special appeal, notices were directed to be issued to Ram Saran Singh under order of this Court dated 2nd November, 2011. Steps have been taken and as per the office report dated 7th January, 2011 service upon Ram Saran Singh has been deemed sufficient. Nobody is present on behalf of Ram Saran Singh even in the revised reading of the list.

It may also be recorded that writ petition No. 42503 of 2010 filed by Bachchoo Singh has been withdrawn, as he has retired, hence the present writ petition has been filed by the Committee of Management.

List on 6th February, 2012.

Certified copy of this order may be supplied to the Standing Counsel for compliance.