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DR. NANDA BALLABH PATHAK
v.
STATE OF U.P. AND ORS.
JULY 12, 1996
[K. RAMASWAMY AND G.B. PATTANA!K, JJ.]
Se1vice /aw-Promotion-Appellant WO/king as Hindi pandit in High
SchooHJpgradation of School to Inter College-Claim for post of Hindi
.Pandit in College-Wiit-Rejection of claim by High Court-Appeat-
C Prescribed qualification for post MA. in Hindi and BA. in Sa11sk1it apa1t
from B.Ed.-Held Rejection of appellant's claim was 1ight since he was not
possessing BA. Degree in Sansk1it-Held no inteiference was called for with
decision of High Cowt.
CIVIL APPELLATE .JURISDICTION: Civil Appeal No. 9481 of
D 1996.
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From the Judgment antf Order dated 24.5.95 of the Allahabad High
Court in S.A. No. 401 of 1992.
Pramod Swarup for the Appellant.
R.C. Verma and R.B. Misra for the State.
Mrs. S. Janani for the Respondents.
The following Order of the Court was delivered :
Leave granted.
This appeal by special leave arises from the judgment and order
dated May 24, 1995 of the Allahabad High Court in Special Appeal No.
G 401/92. The appellant was working as a Hindi Pandit in the L.T. Grade.
The Bazpur Cooperative Sugar Factory Inter College, Bazpur District
Nainital was upgraded from High School. Four posts, including the post of
a Hindu pandit, were sanctioned for recruitment. The appellant is an M.A.,
Ph.D. in Hindi. He staked his claim for promotion to that post. It was not
acceded to. Consequently, he filed the writ petition in the High Court. The
H learned single Judge as well as the Division Bench of the High Court have
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DR.NANDABALLABHPAIBAK v. STATE
547
negatived his claim. Thus this appeal by special leave.
The only question involved in this case is : whether the appellant is
eligible for appointment as a Hindu Pandit in the intermediate college. Shri
Pramod Swamp, learned counsel for the appellant contended that since
one Smt. Lila Singh was already working in the school as a Sanskrit teacher,
insisting upon his having B.A. degree in Sanskrit is contrary to the statutory
rules and that, therefore, the High Court was not right in rejecting his
abovesaid claim. We find no force in the contention. It is seen that smt.
Lila Singh is working as Sanskrit teacher in the High School but not in the
college. As a consequence, when the vacancy had arisen for Hindi Pandit
in the college, admittedly, the qualification prescribed is M.A. in Hindi arid
B.A. in Sanskrit, apart from B.Ed., since both Hindi and Sanskrit are to be
taught by the same teacher in the college. Admittedly, the appellant did
not possess B.A degree in Sanskrit. Under those circumstances, rejection
of his claim cannot be said to be vitiated by any error of law. In addition,
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B
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the High Court has also pointed out that the Management had slated in
their-affidavit filed in the High Court that the said post was reserved for D
the Scheduled Caste and was notified by the U.P. Secondary Education
Service Commission. His claim was rejected on that ground also. Under
these circumstances, 've do not think that it is a case warranting inter-
ference.
The appeal is accordingly dismissed. No costs.
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T.N.A.
Appeal dismissed.
Lex