# Hanumant Lal v. State of U.P. & Ors

- **Citation:** (2025) 4 ILRA 96
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-04-11
- **Case number:** Writ A No. 1717 of 2000
- **Bench:** Brij Raj Singh
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/hanumant-lal-v-state-of-u-p-ors-53279
- **Pages:** 4

## Headnote

Civil Law - Uttar Pradesh Secondary
Education Services Commission (Removal
of Difficulties) (Second) Order, 1981 -
Clause 3 - Ad hoc appointment - Salary
payment - Vacancy for Assistant Teacher
(Hindi), L.T. Grade arose due to promotion
of one teacher - As per Regulations under
Act, 1921, required qualification is B.A.
with Hindi and Sanskrit - Petitioner holds
B.A. in Hindi, Economics, and Social
Science, and lacks mandatory qualification
of Sanskrit - Petitioner is not eligible for
said post - As per Serial No. 55 of
Appendix-A
of
relevant
Regulations,
essential qualification for post of Assistant
Teacher (Social Science), L.T. Grade, was
Bachelor's Degree (B.A.) with at least two
subjects out of four namely History,
Political
Science,
Geography
and
Economics - Petitioner has pursued B.A.
with only one subject i.e Economics from
prescribed list - Thus petitioner does not
fulfill
minimum
eligibility
criteria
for
appointment
-
Therefore,
action
of
authorities in not permitting petitioner to
continue or in withholding salary cannot
be said to suffer from any legal infirmity.
(Para 8, 9)

Petition dismissed. (E-13)

## Text

96 INDIAN LAW REPORTS ALLAHABAD SERIES
the provisions of the compassionate ground
appointment scheme applicable to the bank.

26. In wake of the preceding
discussion, there is no infirmity in the
impugned order. The writ petition is liable
to be dismissed and is dismissed.
----------
(2025) 4 ILRA 96
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 11.04.2025
BEFORE
THE HON'BLE BRIJ RAJ SINGH, J.

Writ A No. 1717 of 2000

Hanumant Lal ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Anil Kumar, Anurag Srivastava, Illegible,
Ravindra Kumar Ravi, Som Kartik Shukla

Counsel for the Respondents:
C.S.C., Dr. L.P. Mishra

Civil Law - Uttar Pradesh Secondary
Education Services Commission (Removal
of Difficulties) (Second) Order, 1981 -
Clause 3 - Ad hoc appointment - Salary
payment - Vacancy for Assistant Teacher
(Hindi), L.T. Grade arose due to promotion
of one teacher - As per Regulations under
Act, 1921, required qualification is B.A.
with Hindi and Sanskrit - Petitioner holds
B.A. in Hindi, Economics, and Social
Science, and lacks mandatory qualification
of Sanskrit - Petitioner is not eligible for
said post - As per Serial No. 55 of
Appendix-A
of
relevant
Regulations,
essential qualification for post of Assistant
Teacher (Social Science), L.T. Grade, was
Bachelor's Degree (B.A.) with at least two
subjects out of four namely History,
Political
Science,
Geography
and
Economics - Petitioner has pursued B.A.
with only one subject i.e Economics from
prescribed list - Thus petitioner does not
fulfill
minimum
eligibility
criteria
for
appointment
-
Therefore,
action
of
authorities in not permitting petitioner to
continue or in withholding salary cannot
be said to suffer from any legal infirmity.
(Para 8, 9)

Petition dismissed. (E-13)

(Delivered by Hon'ble Brij Raj Singh, J.)

1. This writ petition has been filed
for the following reliefs:-

"1) To issue a writ order or
direction in the nature of mandamus
thereby commanding the opposite party
no.3 to make the payment of salary to the
petitioner on the post of Assistant Teacher
in L.T. Grade on the basis of ad hoc
appointment of the petitioner in L.T. Grade
as per the provisions of Second Removal of
Difficulties (Order), 1981 i.e. with effect
from 1.9.97

11) To issue a writ order or
direction in the nature of mandamus
thereby commanding the opposite party
no.3 to accord his sanction/approval for
payment of salary to the petitioner as per
provisions of sub-clause (iii) and Clause
(iv) respectively of Clause-3 of the Removal
of Difficulties (Second) Order 1981 and to
pay the same in the form of his current
salary as and when the same falls due
during the pendency and final disposal of
present writ petition

III) To issue a writ order or
direction in the nature of mandamus
thereby directing the opposite parties to
dispose of the petitioner's representation as
contained in Annexure-11 to the writ
petition."

2. The facts giving rise to the
present writ petition are that Bappa
Srinarain
Vocational
Inter
College,
4 All. Avesh Vs. U.P. Awas Evam Vikas Parishad Lko & Ors.
97
Charbagh, Lucknow (for short "College")
is a recognized Intermediate College by the
Board of high School and Intermediate
Education, U.P., Allahabad and is governed
by the provisions of Uttar Pradesh
Intermediate Education Act, 1921 and the
Regulations framed thereunder as also by
the provisions of Uttar Pradesh High
School
and
Intermediate
Colleges
(Payment of Salaries of Teacher and other
Employees) Act, 1971. A short term
vacancy in Assistant Teacher (Hindi), L.T.
Grade occurred due to promotion of one
Chandramauli Shukla on the post of
Lecturer
(Hindi).
The
committee
of
management adopted the section procedure
in view of the provisions of The Uttar
Pradesh Secondary Education Services
Commission (Removal of Difficulties)
(Second) Order, 1981 and the petitioner
was
appointed
on
27.08.1997
after
following the due procedure. The petitioner
joined the services as Assistant Teacher
(Hindi),
L.T.
Grade
on
01.09.1997.
Thereafter, papers were forwarded to the
District Inspector of Schools, Lucknow by
the committee of management for approval
and payment of salary on 02.07.1998.
When the salary was not paid to the
petitioner, he filed the present writ petition
with a prayer to make payment of salary to
him.
This
Court
vide
order
dated
07.04.2000 passed an interim order to the
effect that the District Inspector of Schools,
Lucknow will pay salary to the petitioner.
It is, however, admitted that till date the
interim order passed by this Court is not
complied with. The writ petition has
remained pending since 2000 and is ripe for
hearing as the pleadings have been
exchanged.

3.
Learned
counsel
for
the
petitioner has submitted that though the
vacancy was short term i.e. Assistant
Teacher (Hindi), L.T. Grade, but while the
requisition sent for making appointment,
the committee of management could have
treated the subject as Social Science and
the petitioner being Graduate in B.A. with
Social Science as one of the subject, could
have been appointed on the post in
question. He has further submitted that the
committee of management can change the
vacancy as per subject-wise requirement.
Learned
counsel
has
submitted
that
petitioner
has
been
appointed
after
following the due procedure and thereafter
requisite
papers
along
with
relevant
documents have been forwarded to the
District Inspector of Schools, Lucknow for
approval and payment of salary, but the
opposite parties were adamant not to pay
salary to the petitioner and in spite of the
interim order being passed by this Court
way back in 2000, the petitioner is neither
allowed to work nor paid any salary.

4. Learned Standing Counsel has
filed counter affidavit on 04.07.2000 along
with an application for vacation of the
interim order dated 07.04.2000, in which a
specific stand has been taken that petitioner
was appointed without following the due
procedure. Appointment letter was issued
by the Manager on 27.08.1997 and joining
was also given to the petitioner on
01.09.1997, but the papers for approval of
payment of salary was sent on 02.07.1998
i.e. after one year.

5. Learned Standing Counsel has
also drawn the attention of the Court
towards Regulations under the U.P,.
Intermediate Eduction Act, 1921 and more
particularly
Appendix-A
of
the
said
Regulations,
which
deals
with
the
minimum qualification for appointment of
Head Master and Teachers in private
recognized Higher Secondary Schools. In
98 INDIAN LAW REPORTS ALLAHABAD SERIES
paragraph-7 of the supplementary counter
affidavit filed on 04.05.2001, a specific
stand has been taken that petitioner has
been appointed as Assistant Teacher
(Social Science), L.T. Grade, but he is not
qualified as per Serial No.55 of AppendixA of the aforesaid Regulations, which
provides that for appointment of Assistant
Teacher (Social Science), L.T. Grade, a
candidate must have possess at least two
subjects in B.A. out of the four subjects i.e.
History, Political Science, Geography and
Economics. However, application of the
petitioner contained as Annexure-3 to the
writ petition indicates that he possessed
B.A. qualification with subjects Hindi,
Economics and Social Science. Thus, out
of the four subjects, the petitioner has
passed only one subject i.e. Economics,
therefore, it can safely inferred that he does
not possess the essential qualification as
mentioned at Serial No.55 of Appendix-A
of the Regulations to be appointed on the
post of Assistant Teacher (Social Science),
L.T. Grade. Further, in paragraph-9 of the
supplementary counter affidavit, it has been
stated that short term vacancy on the post
of Assistant Teacher (Hindi), L.T. Grade
occurred
on
the
promotion
of
Chandramauli Shukla to the post of
Lecturer (Hindi), for which the essential
qualification as prescribed at Serial No.2 of
Appendix-A of the Regulations is B.A.
with subjects Hindi and Sanskrit, whereas
the petitioner does not possess the
qualification of B.A. with Sanskrit as he
possessed B.A. with Hindi, Economics and
Social Science.

6.
Learned
counsel
for
the
committee of management has filed counter
affidavit and in paragraph-10, a stand has
been taken that appointment letter of the
petitioner contained as Annexure-6 to the
writ petition has been issued by the
Assistant Manager, Ram Chandra Mishra
on 27.07.1997 and he was not the Manager
of the committee of management at that
point of time. It is further pointed out that
the committee of management did not take
any decision to appoint the petitioner as
Assistant Teacher (Social Science), L.T.
Grade. It is further mentioned in paragraph10 of the counter affidavit that the
committee of management did not resolve
at any point of time to appoint the
petitioner as Assistant Teacher (Social
Science), L.T. Grade and all the selection
proceedings took place in collusion of
Principal with Ram Chandra Mishra,
Assistant Manager.

7. Heard Som Kartik Shukla,
learned counsel for the petitioner, Sri
Sudhir Kumar Singh, learned Standing
Counsel
and
none
appears
for
the
committee of management and perused the
record.

8. After going through the record, it
appears that short term vacancy of
Assistant Teacher (Hindi), L.T. Grade
arose on the promotion of one Chadramauli
Shukla on the post of Lecturer (Hindi),
therefore, vacancy is to be filled up
according to the existing Rules and
Regulations. The petitioner passed B.A.
Degree with subjects Hindi, Economics and
Social Science, whereas the essential
qualification as prescribed at Serial No.2 of
Appendix-A of the Regulations is B.A.
with subjects Hindi and Sanskrit and the
petitioner did not pass B.A. Degree with
Sanskrit,
therefore,
the
petitioner
is
essentially
lacking
the
prescribed
qualification to be appointed on the post in
question.

9. There is also force in the
argument of learned Standing Counsel that
4 All. C/M Ram Bharose Maikulal Inter College Lko. Vs. State of U.P. & Ors.
99
Serial No.55 of Appendix-A of
the Regulations, which is also relevant to
be considered, prescribed that out of four
subjects i.e. History, Political Science,
Geography and Economics, an Assistant
Teacher (Social Science), L.T. Grade
must possess B.A. Degree with two
subjects out of the aforesaid four
subjects. However, the record shows that
petitioner has only possessed the B.A.
Degree with Economics out of the
aforesaid
four
subjects.
Thus,
the
petitioner was not essentially qualified to
be appointed as Assistant Teacher (Social
Science), L.T. Grade and there is no error
apparent in the action of the opposite
parties for not allowing the petitioner to
work or to pay salary to him.

10. In view of the aforesaid
discussion, I find no good ground to
interfere
in
the
writ
petition
while
exercising extra ordinary jurisdiction under
Article 226 of the Constitution of India.

11. Writ petition is devoid of merit.
It is accordingly dismissed.
----------
(2025) 4 ILRA 99
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 30.04.2025
BEFORE
THE HON'BLE RAJESH SINGH CHAUHAN, J.

Writ A No. 2603 of 2025

C/M Ram Bharose Maikulal Inter College,
Lko. ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Mahendra Bahadur Singh, Vikas Singh

Counsel for the Respondents:
C.S.C., Hari Prasad Gupta, Hari Ram Gupta

Civil Law - U.P. Intermediate Education
Act, 1921 - Section 16-G - By order dated
11.02.2025
DIOS
disapproved
suspension order dated 04.01.2025
issued against opposite party no. 5 -
As per law, suspension order remains
valid for a maximum of 60 days unless
approved by DIOS within that period -
In instant case, opposite party no. 5
was suspended on 04.01.2025 - On
09.01.2025, DIOS directed that he
continue to function as Officiating
Principal during suspension, pending a
decision - No provision under relevant
Act, 2021, allowing suspended teacher
to
perform
official
duties
during
suspension - Order dated 09.01.2025
passed in violation of legal provisions -
Petitioner objected to order dated
09.01.2025 by filing representation on
11.01.2025 - DIOS withdrew said order
on 20.01.2025 - Impugned order shows
opposite party no. 5 was heard, but no
such
opportunity
was
given
to
petitioner, matter remanded to pass
fresh order, after providing opportunity
of hearing to concerned parties. (Para 2,
7, 8, 12, 13)

Petition allowed. (E-13)

List of Cases cited:

1. Satya Pal Singh Vs St. of U.P. & ors., 2006
SCC OnLine All 602, (Para 12)

2. Committee of Management, Maharajganj
Inter College & anr. Vs District Inspector of
Schools, Maharajganj & anr., 1999, SCC
OnLine All 693, (Para 4)

3. C/M of Janta Inter College & anr. Vs St. of
U.P. & ors., Writ-A No.909 of 2020, order
dated 06.05.2020, (Para 20)

4. Committee of Management, D.P.S.N. Inter
College, Kanpur & anr. Vs St. of U.P. & ors.,
2018 (2) ADJ 840

(Delivered by Hon'ble Rajesh Singh
Chauhan, J.)