- (1.) Two orders are subject matter of challenge in this writ petition namely, order dated 28.6.2008 passed by the Regional Promotion Committee, headed by the Joint Director of Education IV th Region, Allahabad and order dated 8.7.2008 passed by the Director of Education (Secondary) U.P. Lucknow. Both the orders reject the claim of the petitioner for being promoted as Lecturer in the institution namely, Arya Kanya Intermediate College, Allahabad and affirming appointment of respondent no. 7 by absorption under section 21-E of the U.P. Intermediate Education Act, 1921.
(2.) It is stated at Bar that respondent no. 7 has been appointed as lecturer in Subhash Chand Inter College, Bareilly by order dated 3.10.2009. She has assumed the charge on 3.10.2009. In view of this, only question that survives for consideration in the writ petition is as to whether the petitioner was eligible to be appointed as lecturer in the institution from the promotional quota.
(3.) In order to appreciate the controversy raised in the writ petition, the following facts are required to be noted : The institution namely, Arya Kanya Intermediate College, Allahabad (in short as the institution) is a duly recognized and aided institution and is governed by the provisions of U.P. Intermediate Education Act, 1921 (in short as 'the Act') and U.P. Act No. 24 of 1971. There exists 22 sanctioned posts of lecturers in the institution as against which there are 16 lecturers working in the institution. Out of 16 lecturers presently working, 8 have been appointed by direct recruitment and 8 lecturers from promotional quota. There exists 50% quota from amongst L.T. Grade teachers of the institution and 11 posts are required to be filled up by way of promotion.;