- (1.) Heard learned counsel for the parties.
(2.) The petitioner was working as L.T. Grade Teacher in the institution in question. The Committee of Management passed a resolution dated 21.12.2008 whereby the petitioner was promoted to the post of Lecturer (Hindi). The papers were forwarded to the District Inspector of Schools to be further forwarded to the Regional Level Committee, Chaired by the Joint Director of Education (Secondary) of the Region. The District Inspector of Schools vide order dated 21.02.2009 raised objection with regard to promotion of the petitioner on the ground that reservation law had not been applied and the post of Lecturer (Hindi) ought to have been reserved for Scheduled Caste Candidate. The papers were returned to the Manager for passing a fresh resolution applying reservation law. Lateron the matter came up before the Regional Level Committee which by order dated 11.08.2009 agreed with the objections raised by the District Inspector of Schools and has refused to accord approval to the promotion of the petitioenr on the ground that reservation quota had not been fulfilled in making the promotion.
(3.) Argument advanced on behalf of the petitioner is that judgment of the Division Bench of this Court quashing the reservation in promotions has been affirmed by the Apex Court in the case of U.P. Power Corporation Ltd. Vs. Rajesh Kumar and others. Relevant law laid down by the Apex Court is reproduced below- "In the ultimate analysis, we conclude and hold that Section 3(7) of the 1994 Act and Rule 8A of the 2007 Rules are ultra vires as they run counter to the dictum in M. Nagaraj . Any promotion that has been given on the dictum of Indra Sawhney and without the aid or assistance of Section 3(7) and Rule 8A shall remain undisturbed.";