R.M. Sahai, R.R. Misra, JJ. - (1.) The dispute in the present writ petition is about promotion of the petitioner from Claus IV employee to Clause 111 employee. The claim of the petitioner is that even though the Regulations require that 50% posts of clerks shall be filled up by promotion, all the four posts of clerks have been filled up by direct recruitment. It is stated by the petitioner that when the vacancy of Clause III post arose, the Committee of Management chose to make appointment directly instead of promoting the petitioner to that post. According to the petitioner, this action of the Committee of Management being violative of the Regulations is illegal. This Court had passed an order on 18-8-1988 in Writ Petition No. 15645 of 1981 directing the District Inspector of Schools to decide the dispute and it having been decided that the post shall be filled up by promotion, the District Inspector of Schools sent directions to the Committee of Management that the post in question was to be filled up only under 50% promotional quota and that necessary steps in compliance with his order dated 27-9-1988 may be taken. In the counter-affidavit filed on behalf of the District Inspector of Schools the only stand taken is that since no approval has been granted to the proposal of the Committee of Management for filling up the post by direct recruitment, whereas the averment in the counter-affidavit filed by the opposite party No. 4 is that the petitioner was not qualified and at least he did not inform the Committee of Management that he has acquired the requisite qualification. Whatever may be the allegations in the counter-affidavits but the regulation is clear in the matter that 50% of the posts is to be filled up by promotion and admittedly no promotion has been granted for filling the post of Class III employee The petitioner being intermediate, the Committee of Management should have considered the case of the petitioner and since this has not been done in this case, the writ petition has to be allowed.
(2.) In the result, the writ petition succeeds and is allowed with direction to the Committee of Management Janta Intermediate College, Ranipur, Azamgarh, to consider the case of the petitioner for promotion to the post of Class III employee and take necessary steps in this regard within a period of one month from the date a certified copy of this order is produced before it, in accordance with law. Petition allowed.;