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PETITIONER: DR. NANDA BALLABH PATHAK

       Vs.

RESPONDENT: STATE OF U.P. & ORS.

DATE OF JUDGMENT:       12/07/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  JT 1996 (7)   356

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      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.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 learned  single Judge  as well  as the Division Bench of the High Court have 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  Swarup,  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  and  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, the  High Court  has also  pointed  out  that  the Management had  stated in  their counter-affidavit  filed in the High  Court that  the said  post was  reserved  for  the

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Scheduled Caste  and was  notified  by  the  U.P.  Secondary Education Service Commission, His claim was rejected on that ground also. Under these circumstances, we do not think that it is a case warranting interference.      The appeal is accordingly dismissed. No costs.