U.C. Srivastava, Virendra Kumar, J. - (1.) THE two petitioners, who were appointed as Assistant Teachers and are working in Panchsheel Intermediate College, Fatehganj, Jaunpur pray for issue of a writ of certiorari quashing the Selection made by the U.P. Secondary Education Services Commission, Allahabad on 5th and 6th June, 1984 for the post of Lecturers in History and Civics and also the advertisement in this regard dated 24 -9 -83 and further for issue of a writ of mandamus directing the respondents to promote the petitioners on substantive basis on the post of Lecturers and also not to make the appointments of the Lecturers selected by U.P. Secondary Education Services Commission. The petitioners claimed that they being the senior most were entitled to be promoted on the post of Lecturers under 40% quota rule. The U.P. Secondary Education Services Commission had selected through an interview S/Sri Phool Chand Jaiswal and Kandhi Ram Yadav, who are respondents Nos. 6 and 7, for the posts of lecturers, and the Committee of Management had also sent a statement to the District Inspector of Schools, Director of Education and the Commission regarding petitioner's promotion as the post of lecturers in History and Civic were to be filled.
(2.) AFTER service of the notice, the Committee of Management has put the appearance and supported the claim of the petitioners by filing counter -affidavit, in which it is clearly stated that the Commission has approved the appointment of the petitioners by way of promotion under 40% quota rule, but the Commission had not informed the Management in writing the appointment of the petitioners by way of promotion. In this regard, the Management has filed a copy of the letter written to District Inspector of Schools regarding promotion of the petitioners against 40% quota rule. Notices were issued to effect the service on the respondents No. 6 and 7. According to the petitioners, the respondents No. 6 and 7 are still teaching in the Institution, but they have not put their appearance. In the affidavit of service, it has been clearly stated that the respondents No. 6 and 7 had refused to take the notice of service. Thus, in view of the allegation of the Management and the averments made by the petitioners, there appears no reason for discarding the claim of the petitioners to be promoted as Lecturers in History and Civic. Consequently, the writ petition is allowed. The selection made by the U.P. Secondary Education Services Commission, Allahabad of the respondents No. 6 and 7 on 5th and 6th June, 1984, is quashed and a mandamus is issued to the respondents to consider the claim of the petitioners for promotion as Lecturers in History and Civic against 40% quota rule. As none has appeared on behalf of the respondent No. 1, we make no order as to costs.;