R.K.AGRAWAL, J. - (1.) BY means of the present writ petition the petitioner Sunil Kumar Mishra seeks the following reliefs: (a) to issue a writ, order or direction in the nature of certiorari quashing the order dated 6 3 2003 passed by the Joint Director of Education, 7th Region Gorakhpur, respondent No. 1 filed as Annexure 1 to the writ petition and the order dated 5 3 2003 passed by the Regional Selection Committee filed as Annexure 2 to the writ petition. (b) to issue a writ, order or direction in the nature of mandamus commanding the respondents to promote the petitioner as lecturer in History on permanent basis.
(2.) BRIEFLY stated the facts giving rise to the present writ petition are as follows: There is an institution known as Lokmanya Inter College, hereinafter referred to as the Institution, situated in Jankinagar, Seorahi, in the District of Kushinagar. It is a recognized institution and is governed by the provisions of U.P. Intermediate Act, 1921, hereinafter referred to as the Act, the U.P. Secondary Education Services Selection Board Act, 1982, hereinafter referred to as the 1982 Act and the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971, hereinafter referred to as the Payment of Salaries Act, and the Rules and Regulations framed thereunder. According to the petitioner he was initially appointed as LT Grade Teacher in the institution on 1 8 1989. His services were regularized under Section 33 B of the 1982 Act by the Deputy Director of Education vide order dated 12 7 1976. When a post of lecturer in the institution fell vacant on account of retirement of Gyan Bhaskar Sinha on 30 6 1997 the petitioner staked his claim before the Committee of Management for promotion on the post of lecturer in the institution claiming himself to be the senior most qualified teacher. The Committee of Management passed a resolution on 24 5 1998 for promotion of the petitioner on the post of lecturer in History. The District Inspector of Schools vide order dated 8 6 1998 granted approval to the ad hoc promotion of the petitioner under 50% promotional quota and he continued to function as lecturer in History. According to the petitioner, feeling aggrieved by the promotion of the petitioner, Subhash Prasad, respondent No. 4, made a representation to the U.P. Scheduled Castes and Scheduled Tribes Commission stating therein that while granting promotion to the post of lecturer, reservation policy has not been adhered to.
(3.) A development took place wherein the Vice Chancellor of Sri Deen Dayal Upadhyaya University, Gorakhpur vide order dated 11 10 1999 cancelled the result of petitioner's M.A. (Previous) examination and the M.A. degree. The order dated 11 10 99 was challenged by the petitioner by filing Civil Misc. Writ Petition No. 45155 of 1999 which was allowed vide judgment and order dated 25 11 1999 and the order dated 11 10 1999 was quashed.;