- (1.) Heard Sri Ajay Bhanot, learned counsel appearing for the petitioner and learned counsel for the State.
(2.) This is the second journey of the petitioner to this Court. He had earlier filed Writ Petition No. 4577 of 2010 praying for a direction to the respondents to consider his grievance as he was entitled for promotion on the post of Reader in the Department of Dravya Gun in the Rajkiya Ayurvedic Mahavidyalaya, Varanasi or in any other Government Ayurvedic or Unani Maha Vidyalaya in the State of U.P. The Court dismissed the writ application as premature by order dated 25.2.2010 on the ground that the respondents were not obliged to consider the petitioner for promotion unless they decided to fill up the vacant posts of Readers. The Department having neither initiated process for promotion nor having passed any order holding him ineligible for such promotion, the writ petition was premature. However, liberty was given to the petitioner to file a fresh writ application as and when the State Government decides to initiate process for promotion to the post of Reader provided the petitioner is held ineligible for such promotion.
(3.) The present writ application has been filed for a direction to the D.P.C. that was constituted in April, 2010 to consider the case of the petitioner for promotion to the post of Reader. At the time of admission when the case was taken up on 6.5.2010, it was alleged by the petitioner that though, the D.P.C. has been convened, the petitioner is not likely to be considered as he was absorbed as a Lecturer on 7.10.2008 and the rules require 7 years of experience as a Teacher for being considered to be promoted to the post of Reader. Accordingly, the writ application was amended and a prayer has been made to the effect that the petitioner having been appointed as a Demonstrator on 27.10.1989, after 10 years of such experience as a Demonstrator, he should have been treated as a Lecturer from October, 1999 and accordingly, his case should be considered by the D.P.C. for promotion to the post of Reader. In order to substantiate the above stand, the petitioner has also made a further prayer for quashing Clause (Gha) of the U.P. State Ayurvedic Mahavidyalaya Teachers Service Rules (2nd Amendment), 2010 insofar as it provides for the appointment and designation of Lecturer to Demonstrators with 10 years of satisfactory service w.e.f. 11.8.2008.;