V.K. Shukla, J. - (1.) PRESENT writ petition has been filed by the petitioner for issuing a writ in the nature of mandamus directing and commanding the respondents to promote the petitioner on the post of Lecturer in Economics lying vacant in the institution since 01.07.2010.
(2.) BRIEF background of the case is that in the District of Pilibhit there is an institution known as S.R.M. Inter College, Bisalpur, District Pilibhit. Said institution is duly covered by the provisions of U.P. Act No. II of 1921; U.P. Act No. 24 of 1971 and U.P. Act No. V of 1982 and the 1998 Rules framed thereunder. In the institution concerned petitioner claims that he was initially appointed as Assistant Teacher in C.T. Grade on 01.08.1987 and subsequently claims that after completion of 10 years of service he has been accorded promotion on the post of Assistant Teacher in L.T. Grade w.e.f. 01.08.1997. In the institution concerned post of Lecturer in Economics on account of attaining the age of superannuation of Jay Singh Yadav. Fell vacant on 30.06.2010. Petitioner further claims that with the permission of Management he has already undertaken examination of Master Degree in Economics and thereafter result has been declared and mark sheet has been issued to him on 31.07.2010, as such his claim for being according promotion on the post of Lecturer in Economics should be considered and as requisite exercise was not being undertaken, then present writ petition in question has been filed. Learned Counsel for the petitioner Sri N.K. Mishra, contended with vehemence that in the present case in all eventuality claim of the petitioner for being accorded promotion on the post of Lecturer in Economics is liable to be considered, as on the date when selection proceedings were being undertaken eligibility criteria was duly fulfilled by petitioner and further on the first day of year of recruitment as petitioner has already appeared in the examination same should relate back to the date of examination, as such writ petition in question deserves to be allowed.
(3.) LEARNED Standing counsel contended with vehemence that on the first day of year of recruitment petitioner did not fulfil eligibility criteria and he is not liable to be promoted, as such writ petition as it has been framed and drawn is liable to be dismissed.;