Sudhir Agarwal, J. - (1.) SRI Sunil Tiwari holding brief of SRI P. Padia for the petitioner, learned Standing Counsel for respondent Nos. 1 and 2 and SRI Manoj Kumar for respondent No. 3 have been heard. As requested by learned counsel for the parties, the writ petition is being decided finally at this stage under the Rules of the Court.
(2.) THE order dated 15th June, 2005 passed by the District Inspector of Schools, Moradabad (hereinafter referred to as 'DIOS') (Annexure No. 10 to the writ petition) is impugned in this writ petition aggrieved where against petitioner has sought a writ of certiorari for quashing the same. DIOS has held that post of Lecturer (Geography) is to be filled in by promotion for which respondent No. 3 was eligible. He has directed the Committee of Management of Sarvodaya Inter College, Dinari, District Moradabad (hereinafter referred to as "College") to send proposal for promotion of respondent No. 3. The facts in brief giving rise to the present dispute are as under. The College is an Intermediate educational institution recognized by the Board of High School and Intermediate and is governed by U.P. Intermediate Education Act, 1921 (in short "1921 Act"), The Uttar Pradesh Secondary Education Services Selection Board Act, 1982 Act (in short "1982 Act") and The Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 Act (in short "1971 Act").
(3.) THERE are six sanctioned post of lecturers in the College i.e. Lecturer in Hindi, Sanskrit, Economics, Civics, English and Geography. On 30th June, 2002, one Chet Ram, working as Lecturer (Hindi), retired on attaining the age of superannuation. The position of teachers working on various posts of Lecturer as on 1 st July, 2002 (i.e. after retirement of Chet Ram) was as under: 1. Bharat Singh Direct Recruitment Lecturer (Civics) 2. Jai Pal Singh Promotion Lecturer (Economics) 3. Hari Om Singh Promotion Lecturer (Sanskrit) 4. Fakir Mohd. Promotion Lecturer (Geography) 5. Noman Ahmad Direct Recruitment Lecturer (English) After retirement of Sri Chet Ram, Lecturer (Hindi), on 1 st July, 2002, three posts of lecturers were already filled in by promotion. Thus quota of promotion was full and a vacancy existed for direct recruitment.;