- (1.) Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri C.K. Rai for the petitioner and Sri P.N. Saxena, learned Senior Counsel assisted by Sri I.S. Tomar for the respondent no.7. The learned Standing Counsel has been heard for the respondent nos. 1 to 5.
(2.) The petitioner has come up questioning the correctness of the order of the Director of Education dated 14.5.2013 whereby the promotion order of the petitioner as Lecturer in Psychology dated 12th June, 2009 has been annulled and it has been held that the said promotion order was invalid. The reasons given are that the claim of promotion of the petitioner had been earlier rejected in 2005 as the post was to be filled up by direct recruitment treating it to be a post available under the reserved category. The disapproval order dated 14.10.2005 in relation to the earlier claim of promotion in 2003 was upheld and the writ petition filed by the petitioner being writ petition no. 698 of 2006 was dismissed on 7.4.2009.
(3.) Assailing the said order, Sri Ashok Khare, learned Senior Counsel contends that firstly the issue relating to the promotion of the petitioner could not have been questioned as it was not under challenge and the promotion has been accepted w.e.f. 2nd September, 2003. He has relied on the promotion order dated 12.6.2009 as modified by the order dated 26.11.2011. He therefore submits that the petitioner being a regularly promoted Lecturer of Psychology was senior and was accordingly given charge of Principal of the institution where he is officiating as on date. The impugned order therefore prejudices the cause of the petitioner in his functioning as Principal as well.;