DUSHYANT SINGH Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND (FROM: NAINITAL)
STATE OF UTTARANCHAL
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P.C.VERMA, J. -
(1.)HEARD learned counsel for the petitioner as well as learned standing counsel.
(2.)FROM the perusal of the counter -affidavit it is revealed that there are ten sanctioned posts in Lecturer grade in the institution. Out
of these ten posts 5 posts are to be filled by direct recruitment and 5
posts are to be filled from amongst the L. T. grade teachers in view of
the relevant Rules. It is further revealed from the perusal of the
counter affidavit six posts have been filled by direct recruitment by the
Committee of Management. Therefore, the appointment made in excess than
the quota 'in violation of the relevant Rules by making appointment
against the post which is reserved for promotion quota. The right of the
petitioner has been hampered. The learned counsel for the petitioner
submits that one post is vacant against which the petitioner can be
appointed. The learned standing counsel submits that this post is
reserved for S.C. candidate and it cannot be fulfilled by a general
category candidate, therefore it would be appropriate to direct the
respondents to terminate one of the junior -most person appointed against
the post which was to be filled by promotion. The respondents are
directed accordingly and they are directed to consider the case of the
petitioner for promotion to lecturer grade, within 15 days from the date
of production of a certified copy of this order.
(3.)IN view of the above direction the writ petition is disposed of.
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