- (1.) Heard Sri Indra Raj Singh, learned counsel for the petitioner, Sri Prabhakar Awasthi, learned counsel for the respondent No. 4 and the learned Standing Counsel for the Respondent No. 1 and 2. The contest in this petition is in relation to post of a clerk (class 3 post) in an Intermediate" College governed by the provisions of the U.P. Intermediate Education Act, 1921 and the regulations framed thereunder.
(2.) The petitioner is a Class-IV employee who is seeking promotion on the said post in terms of Chapter 3 Regulation 2 of the Regulations framed under the 1921 Act.
(3.) He is aggrieved by the direction of the District Inspector of Schools ordering appointment of the respondent. No. 4 against the post available in the institution on compassionate basis in terms of the regulation aforesaid. The petitioner contends that there is only one post of Class-III available in the institution which has to be filled up by way of promotion keeping in view the law laid down by this Court in the case of Jai Bhagwan Singh v. District Inspector of Schools, Gautam Budh Nagar and others, 2006 9 ADJ 292.;