- (1.) Heard learned Counsel for the parties. Vacancy on the post of Lecturer Sociology was caused in Arya Vidyalaya Inter College, Milak, District-Rampur on 30th June, 2001 with the retirement of Om Pal Singh. According to the petitioner, he was working as L.T. Grade teacher in the institution since 8th July, 1972 and was eligible for promotion on the post of Lecturer Sociology, which was within the 50% quota for promotion. The manager forwarded a letter dated 14.7.2001 to the District Inspector of Schools seeking approval of the promotion of the petitioner. The District Inspector of Schools is stated to have granted such approval on 18th July, 2001 and the petitioner started working as Lecturer Sociology since 25.7.2001. Thereafter some correspondence took place between the District Inspector of Schools and the management of the institution in respect of such promotion granted to the petitioner. The District Inspector of Schools insisted that respondent No. 4 Tula Ram Gangwar was the teacher entitled for such promotion in preference to the petitioner. The District Inspector of Schools passed an order on 31.7.2001 suspending the earlier approval granted in the matter of promotion of the petitioner. Further the committee of management is stated to have passed a resolution on 25.10.2001 for the promotion of respondent No. 4.
(2.) At this stage of the proceedings the petitioner filed Writ Petition No. 36849 of 2001, which is stated to have been allowed vide judgment and order of the Writ Court dated 22.11.2001. The orders impugned were quashed and a direction was issued to the District Inspector of Schools to pass a fresh order after affording opportunity to the petitioner, in case he so desires. Before the order of the High Court could be communicated to the District Inspector of Schools, the Regional Joint Director of Education on 28.11.2001 passed an order for promotion of respondent No. 4 as Lecturer Sociology with a further direction to the District Inspector of Schools to take appropriate action in accordance with Rules 14(5) and 14(6) of the U.P. Secondary Education Services Selection Board Rules, 1998 (hereinafter referred to as 'Rules, 1998').
(3.) The petitioner is stated to have represented against the said order on 30.11.2001 and is further stated to have filed a certified copy of the order passed by this Court dated 22.11.2001 before the authorities concerned. However, without awaiting the outcome of the aforesaid representation and the compliance of the directions issued by this Court, referred to above, he has filed second writ petition for quashing of the order of the Joint Director of Education dated 28.11.2001 as well as order dated 7.8.2001, whereby the District Inspector of Schools had asked the Principal of the institution to forward the papers qua promotion of respondent No. 4.;