- (1.) Heard Sri A.K. Saxena, holding brief of Sri S.K. Saxena, learned counsel for the petitioner, Sri P.N. Saksena, learned counsel representing the respondent No. 1 and Sri Sidharth Singh, special counsel representing the respondents No. 2 and 3. No one is present on behalf of the respondent No. 4. By means of this petition, under Article 226 of the Constitution of India, the petitioner beseeches this court to issue a writ of mandamus, order or direction in the nature of mandamus commanding the respondent No. 1 to consider his candidature for promotion to the post of lecturer in Sociology in Sri Gandhi Vidyalaya Intermediate College, Jhinjhak, Kanpur Dehat.
(2.) According to the petitioner this is a L.T. Grade Teacher working in the college since 16th July, 1969. He holds the degree of M.A., in Sociology and possesses minimum qualification for being appointed as lecturer in Sociology. The post against which the petitioner claims to be considered for promotion fell vacant on account of death of Sri Thakur Singh Gaur who was promoted under Clause (2) of Regulation 5 of Chapter II of the Regulations framed under the provisions of the U.P. Intermediate Education Act, 1921. According to the petitioner no body else is eligible for promotion to the post of lecturer in Sociology whereas he was fully qualified and eligible for promotion to the post of lecturer in Sociology. The respondent No. 1 failed to consider him for the promotion. He, therefore, filed a representation on 1st November, 1984, a copy whereof is Annexure-2 to the petition. A reminder was sent by the petitioner on 26th November, 1984 for deciding his representation dated 1st November, 1984. The petitioner also made a representation to the Deputy Director of Education on 17th December, 1984. Thereafter, he moved a representation dated 20th December, 1984 before the District Inspector of Schools, Kanpur. Inspite of the representations and reminder the case of the petitioner has not been considered by the respondent No. 1. Hence this petition.
(3.) Sri P.N. Saxena, learned counsel appearing for the respondent No. 1 submits that the committee of management of the institution has yet to decide whether the post of lecturer in Sociology is to be filled by promotion or direct recruitment, and, in these circumstances, there was no occasion to consider the candidature of the petitioner for the promotion claimed by him.;