- (1.) We have heard Shri V.K. Singh, learned Counsel appearing for Committee of Management, Jai Shikshan Inter College, Prempur, Badagaon, District Kanpur Nagar. Shri Satish Mandhyan and Shri Alok Dwivedi appear for respondent No. 4. Shri R.K. Ojha has accepted notice on behalf of respondent No. 5. Shri Neeraj Pandey appears for respondent No. 6. The remaining respondents are represented by the Standing Counsel.
(2.) It is admitted to Shri V.K. Singh, counsel appearing for respondent -appellant, that there is only one sanctioned Class -III post in the College, for which the Committee of Management issued an advertisement for selection by direct recruitment.
(3.) Learned Single Judge has found that in view of the judgment in Jai Bhagwan Singh v/s. District Inspector of Schools, Gautambudh Nagar : (2006) 3 UPLBEC 2391 interpreting Regulation 2 (2) and the note appended thereto, in Chapter III of the Regulations framed under U.P. Intermediate Education Act, 1921, and which speaks of 50% reservation of seats for promotion, a single post of Class -III available in the Intermediate College can be filled only by way of promotion of an eligible Class IV employee. The Division Bench did not approve the view taken in Palak Dhari Yadav v/s. Regional Inspectors of Girls Schools and Ors. : (1999) 3 UPLBEC 2315. A similar view has been taken in Munna Lal v/s. Devendra Bahadur Singh Chandel and Ors. : (2007) 3 UPLBEC 2728.;