TMI Blog1993 (8) TMI 295X X X X Extracts X X X X X X X X Extracts X X X X ..... . grade teacher out of which one was in Home Science, were sanctioned for the high school section of the College on August 29,1977 by the Director of Education, Allahabad. The case of the appellant is that the said post of L.T. grade teacher in Home Science should have been filled by promotion and if so filled, she would have been appointed in the said post, but instead of being filled by promotion, the said post was filled by direct recruitment and for that purpose, an advertisement was published on October 21, 1977 inviting applications from candidates who were trained graduates in Home Science. As the appellant was not a trained graduate in Home Science on that date she did not apply though she obtained the B.A. degree in Home Science from Kanpur University on November 2, 1977. Shrimati Suman Srivastava, respondent No. 6 was ultimately selected and appointed on the sa id post by order dated October 17, 1979. Feeling aggrieved by the said appointment of respondent No. 6, the appellant filed the writ petition giving rise to this appeal, in the Allahabad High Court. The said writ petition has been dismissed by the Division Bench of the High Court by judgment dated May 7, 1984. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribed the following minimum qualification for Home Science teachers for high school (classes IX and X)- (1) Trained Graduate in Home Science or Home Economics or Domestic Science or Home Arts;or (2) T.C.of the College of Home Science, Allahabad; or (3) Three years' Diploma Course between the years 1950-54 of Government College of Home Science, Allahabad; or (4) Diploma of Lady Irwin College, Delhi. 6. It appears that the Government of U.P. had issued notification No. 5583/XV-8-3100-1973 dated October 3, 1974 whereby the pay scales of teachers of Government aided private Higher Secondary institutions teaching Home Science and other specified subjects were revised on the . basis of the recommendation of the Pay Commission so as to accord parity in scales of pay of the teachers of Government and non-government aided Higher Secondary institutions of the State teaching those subjects. As a result the higher scale of L.T. grade for teachers was created. In paragraph 3 of the said notification it was stated- Subsequent to the date of issue of this G.O. all new appointments shall be made only in the scales of pay as mentioned in column 6 of the annexure in accordance with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ust 29, 1977. The High Court, was, therefore, not right in holding that on the relevant date, the appellant did not possess the requisite qualifications and was not eligible for promotion to the post of L.T. Grade teacher. 10. The other ground that has been given by the High Court for holding that the appellant was not entitled to be promoted as L.T. grade teacher was that the appellant had failed to establish that the number of L.T. grade teachers who had been appointed by promotion at the relevant date was not more than 40% of the posts and, in view of Regulation 5(2)(a) of the Regulations appointment to the post in question should have been made by the promotion. In this regard, may be stated that in paragraphs 20 to 22 of the writ petition filed by the appellant in the High Court, she had specifically pleaded that in the College, there are 12sanctioned posts in the L.T. grade out of which 10 posts had already been filled and two posts were still vacant and that out of 10 posts which were filled in L.T. grade, only one post had been filled by promotion and the rest 9 posts had been filled by direct recruitment. The appellant had also referred to the letter of the Deputy Direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of teachers in L.T. Grade was 12 and 40% of these posts would be 4 posts. According to the appellant 10 posts had been filled up and 2 posts were vacant at the relevant date. The appellant gave particulars of the 10 teachers working in the L.T. Grade to show that at the time of their appointment as L.T. Grade teacher 3 teachers only were having the requisite experience of 5 years service in the lower grade and that the other 7 teachers had less than 5 years service in the lower grade and, therefore, their appointment on the L.T. Grade could not be by way of promotion and could only be by way of direct recruitment. The said plea of the appellant was rejected by the High Court for the reason that the possibility of the appointments being made contrary to the provisions of Regulation 6(1) cannot be ruled out. We are unable to endorse this view of the High Court. The appointment of a teacher to the L.T. Grade is governed by statutory Regulations and is an official act and a presumption of regularity attaches to the official acts. It cannot be postulated that the appointment of teachers who did not have the requisite experience on the lower grade was made by way of promotion in disreg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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