Committee of Management, Sri Chitra Gupta Inter College, Mainpuri vs Distt.Inspector of Schools and others

The petitioner has challenged the order dated 7th September, 1994 passed by the District Inspector of Schools, Mainpuri whereby he granted approval of Selection Grade to respondent no. 3.

Shri Chitragupta Inter College. Mainpuri is a recognised institution under the provisions of U. P. Intermediate Education Act. Respondent No. 3 is working as Assistant Teacher in the said institution. He claimed that he should be granted Selection Grade. The District inspector of Schools on the basis of a letter dated 25th August, 1994, considering the service book and certificate of work and conduct of respondent no. 3 and taking into consideration that he had completed ten years of service, granted selection grade by order dated 7th September, 1994. The petitioner has challenged this order.

Learned counsel for the petitioner urged that selection grade could have been granted only when the Committee of Management recommends for grant of such selection grade and unless such recommendation is made the District Inspector of Schools has no jurisdiction to grant selection grade. He has placed reliance upon the Government Orders dated 12th November 1982 (Annexure7 to the writ petition), 20th July 1983 (Annexure8 to the writ petition), 13th June 1983 (Annexure9 to the writ petition) and 16th February 1990 (Annexure10 to the writ petition).

Government Order dated 12th November 1982 indicates that the order regarding grant of selection grade shall be passed on the certificate issued by the Manager of the institution regarding character and work of the teacher concerned, Clause 13 of the G. O. dated I 6th February, 1990 indicates that the resolution of Committee of Management should normally be obtained and if it is not possible the District Inspector of Schools may take decision on his own.

The District Inspector of Schools relied upon the letter dated 25th August, 1994 while granting Selection grade. The contention of the learned counsel for the petitioner is that this letter was issued by the Principal and not by the Manager of the institution and the Manager alone could have certified the conduct and work of the teacher concerned. This submission is to be examined keeping in view the relevant Regulations framed" under Chapter III of the Regulations framed under the Act.

Regulation 68 of Chapter 111 of the Regulations framed under U. P. Intermediate Education Act provides that the character roll and service book shall be maintained for every employee. The form of character roll shall be given as in Appendix C. Regulation 69 provides that yearly entries of a teacher''s work and conduct shall be made in his character Roll by the Head of the institution while such entries in respect of the Head of institution shall be made by the Manager. Casual entries may be made by them at any time. Regulation 70 provides for grant of integrity certificate. Incase there is nothing to show that there is any adverse entry in the character roll of a teacher the concerned teacher is entitled to selection grade.

The selection grade is to be granted after ascertaining the work and conduct of the teacher concerned after taking into consideration his service record. In case there is an adverse entry in the service record it may be taken into account. Yearly entries of a teacher''s work and conduct is to be given by the Head of the institution. The letter of the Principal is, therefore, more relevant for ascertaining the work and conduct of the teacher. In the case of Head of institution the Manager is to evaluate his work and conduct. The Manager in the case of a teacher may submit report relating to his conduct which is not connected with his teaching work but relating to the affairs of the institution. The teacher concerned is to be given opportunity of hearing if an adverse report is submitted by the Manager before the District Inspector of Schools so that he may be able to submit his explanation before the District Inspector of Schools regarding the allegation which is made against him in the report. The District Inspector of Schools after taking into consideration all the relevant aspects shall then pass appropriate order for grant of selection grade to the teacher concerned.

As far as recommendation is concerned, the Committee of Management cannot withhold recommendation unless there are specific reasons for the same and if there are any charges the teacher is entitled to opportunity of hearing after completion of ten year''s service the teacher is entitled to selection grade. The recommendation if not made by the committee of Management without any justification the District Inspector of Schools has a right to pass the order granting selection grade. There is nothing to show that the Committee of Management was not aware of the proceedings regarding grant of selection grade It was open to the Committee of Management to file objection regarding grant of selection grade, if any, against respondent no. 3.

In case the petitioner files objection against grant of recommendation such objection shall be disposed of by the District Inspector of Schools, Mainpuri after giving opportunity of hearing to the petitioner and respondent no. 3 within one month from the date of its filing alongwith a certified copy of this order and a true copy of the writ petition.

The writ petition is accordingly disposed of finally.