Maithali Sharan Karan Vs. Committee of Management, Christian Intermediate Collage and ors.

Maithali Sharan Karan vs Committee of Management, Christian Intermediate Collage and ors.

Disposition Petition dismissed Court Allahabad Decided Sep 06, 1996

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Citation: sooperkanoon.com/482788
Court: Allahabad High Court
Judge: B. Dikshit, J.
Decided On: Sep 06, 1996
Case Number: Civil Misc. Writ Petition No. 23324 of 1990
Subject: Service
Disposition: Petition dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Service
Outcome / disposition: Petition dismissed
Acts & sections: Constitution of India - Article 30; Uttar Pradesh Secondary Education Service Commission and Selection Board Act; Uttar Pradesh Intermediate Education Act

Parties & Advocates

Appellant / Petitioner

Maithali Sharan Karan

Advocate B.R. Singh, Adv.

Respondent

Committee of Management, Christian Intermediate Collage and ors.

Advocate S.C. Kushwaha, Adv.

Legal References

Acts: Constitution of India - Article 30; Uttar Pradesh Secondary Education Service Commission and Selection Board Act; Uttar Pradesh Intermediate Education Act
Cases Referred: N.B. Lal v. District Inspector of Schools
Reported In: (1997)1UPLBEC491

Excerpt

- b. dikshit, j.1. by this petition the petitioner has sought a direction in the nature of mandamus commanding the committee of management christian intermediate college, mainpuri (in short 'institution') not to hold interview of the post physical director in the institution and to appoint the petitioner under 40 per cent quota as l. t. grade teacher to the subject of arts. admittedly, the institution is a minority institution and in view of judgment of division bench of this court, against which the counsel for petitioner is unable to show me anything, u. p. secondary education service commission and selection board act nor regulation of chapter ii, of regulations framed under u. p. intermediate education act is applicable this institution (see civil misc. writ petition no. 9776/1984, decided on 31 -8-1984, n.b. lal v. district inspector of schools, in view of aforesaid division bench decision the petitioner cannot claim that the post is to be filed up by promoting him against 40 per cent quota. as the petitioner has no right to seek filling up of the post by promotion, he can neither get the relief for mandamus nor the prayer for not holding interview to the post of physical director at the institution.2. the writ petition fails and is dismissed in limine. interim order dated 7-9-1990 is vacated.

Full Judgment

B. Dikshit, J.

1. By this petition the petitioner has sought a direction in the nature of mandamus commanding the Committee of Management Christian Intermediate College, Mainpuri (in short 'institution') not to hold interview of the post Physical Director in the institution and to appoint the petitioner under 40 per cent quota as L. T. Grade teacher to the subject of Arts. Admittedly, the institution is a minority institution and in view of judgment of Division Bench of this Court, against which the Counsel for petitioner is unable to show me anything, U. P. Secondary Education Service Commission and Selection Board Act nor Regulation of Chapter II, of Regulations framed under U. P. Intermediate Education Act is applicable this institution (See Civil Misc. Writ Petition No. 9776/1984, decided on 31 -8-1984, N.B. Lal v. District Inspector of Schools, In view of aforesaid Division Bench decision the petitioner cannot claim that the post is to be filed up by promoting him against 40 per cent quota. As the petitioner has no right to seek filling up of the post by promotion, he can neither get the relief for mandamus nor the prayer for not holding interview to the post of Physical Director at the institution.

2. The writ petition fails and is dismissed in limine. Interim order dated 7-9-1990 is vacated.

Same Court & Year Allahabad · 1996 Same Parties Maithali Sharan Karan vs Committee of Management, Christian I... Same Subject Service Same Judge B. Dikshit, J. Acts & Sections Constitution of India - Article 30; Uttar Pradesh Secondary E...

Service