I.S. Mathur, J. - (1.) The petitioner prays for a writ in the natures of Certiorari quashing the proposal of the opposite party No, 2 for promotion of the opposite party No. 3 on the post of Lecturer in Economic/Civics. A writ in the nature of mandamus is also prayed commanding the opposite parties to promote the petitioner to the post of Lecturer in the vacancy caused due to the retirement of Smt. I. Banerjee.
(2.) The petitioner was appointed as Demonstrator in the Jublee Girls Inter College, Lucknow, opposite party No. 2, by order dated 18-8-1973. This appointment was approved by the Regional Inspectress of Girl Schools by order dated 10-12-1975. She started working on the post with effect from 20-8-1973. It is alleged that the post of Demonstrator is in the same grade as the post of teacher in the L.T. grade. A post of lecturer in Economics/Civics fell vacant in the institution. The opposite party No. 2 resolved that Km. Anuradha Basu, opposite party No. 3 be appointed on that post by promotion. The petitioner claims that she possessed requisite qualification, being M. A. in Economics, for promotion on the post of lecturer and she was senior to opposite party No. 3. Since she was senior to the opposite party No. 3 and the promotion was to be made on the basis of seniority subject to the rejection of unfit she should have been promoted instead of opposite party No. 3.
(3.) The opposite parties 2 and 3 filed separate but identical counter affidavits. They have not disputed the fact relating to petitioners appointment with effect from 20-8-1973 and they have only alleged that she was appointed as a Demonstrator and not as a teacher. They have, however, denied that the petitioner was the seniormost teacher and qualified. It is alleged that she was merely a Demonstrator and could not be considered senior to the opposite party No. 3. It is further alleged by the opposite parties 2 and 3 that the post was of lecturer in Economics/Civics and the petitioner could not be a suitable person for appointment on this post since she had science subject in her B.Sc., and had passed M. A., in Economics while opposite party No. 3 had passed, M, A. in Political Science and had Economics as a subject in her B. A.;