Honourable Arun Tandon, J. - (1.) PETITIONER before this Court seeks quashing of the order of the Regional Level Committee dated 30.6.2006 whereby his representation for promotion against the post of Lecturer (Economics) in the institution has been rejected.
(2.) FACTS in short giving rise to the present writ petition are as follows: Janta Inter College, Sohsa Mathiya, District Kushi Nagar, is an aided and recognized Intermediate college. Provisions of Intermediate Education Act and the regulations framed thereunder as also those of U.P. Secondary Education Services Selection Board Act, 1982 are fully applicable to the teachers of the said institution. The petitioner was appointed as L.T. Grade teacher in the said institution on the recommendation of the Selection Board on 16.4.1998. It is stated that the petitioner has been continuously working as such since then. Post of Lecturer (Economics) is stated to have fallen vacant on 30.6.2006. According to the petitioner the vacancy fell within the quota reserved for promotion and he being the senior most eligible teacher in L.T. Grade, was entitled to be promoted against the said vacancy. The Selection Board, however, on a requisition made in the year 2002 in respect of the anticipated vacancy of Lecturer(Economics) proceeded to offer appointment by direct recruitment to respondent No. 5. This according to the petitioner was illegal. He, therefore, approached this Court by means of writ petition No. 3687 of 2006 which was disposed of by means of the judgment and order dated 13.7.2006 permitting the petitioner to represent his grievance before the Regional Level Committee. The Regional Level Committee has rejected the claim of the petitioner under the impugned order after recording following facts: (a) There are thirteen sanctioned post of Lecturers in the institution. (b) Five posts have been filled by way of direct recruitment and four by way of promotion from persons belonging to General Category only. Therefore, the reservation applicable in favour of Scheduled Caste category remains unfilled. The vacancy of Lecturer (Economics) was within the quota for Scheduled Caste. Since there was no candidate within the said reserved category for promotion, the vacancy was rightly requisitioned for direct recruitment and filled by a candidate belonging to Scheduled Caste. The order impugned records that the petitioner being a member of General Category could not have been promoted against the reserved post. Challenging the order so passed, counsel for the petitioner contends that 50% of the total sanctioned post are required to be filled by way of promotion which in the facts of the case works out to seven. It is stated that in terms of the Government Order dated 12.7.2008 read with Section 3(7) of the U.P. Public Services (Reservation for Scheduled Caste/Scheduled Tribe and Other Backward Classes) Act, 1994 if a candidate within reserved category is not available, the vacancy has to be filled by way of promotion from a person belonging to General Category. The Regional Level Committee has failed to take note of the aforesaid statutory provisions. The petitioner was the only candidate eligible for promotion against the said post. It is therefore, submitted that the impugned order is liable to be set-aside.
(3.) ON behalf of respondent No. 5 it is contended that the vacancy was due to be caused in the year2004 because of the retirement of the incumbent concerned. The Committee of Management requisitioned the said anticipated vacancy in 2002 to the Selection Board. ON the date of requisition as well as on the date vacancy was to be caused, the petitioner was not possessed of a Degree of M.A., therefore, the question of consideration of his claim for promotion did not arise. It is then clarified that by means of amendment in the regulations/Government order, the age of retirement was enhanced by two years, therefore, the incumbent who was to retire in 2004 actually continued in service up to the year 2006. Counsel for the respondent submits that the petitioner is not a member of Scheduled Caste and, therefore, not eligible for such promotion. He further submits that the M. A. Degree obtained by the petitioner through correspondence from U.P. Rajshri Open University has been so obtained without prior permission of the Committee of Management and, therefore, has to be ignored. Lastly it is contended that quota for Scheduled Caste was vacant which has been filled by appointment of respondent No. 5 who is a member of Reserved Category, this Court may not interfere with the impugned order. I have heard learned counsel for the partIes and have gone through the records of the present wrIt petItIon.;