Ravi S. Dhavan, J. - (1.) By this petition, Kanhaiya Lal Bajpai, a teacher at the Astik Muni Intermediate College, Koiryan, district Kanpur Dehat, seeks, in effect, a mandamus from this Court to receive the lecturer grade salary. In this petition, it is accepted that this is a case of promotion from L.T. grade into the Lecturer grade. If is also accepted that this matter cow comes within the purview of the U.P. Secondary Education Service Commission and Selection Board (Second Amendment) Act, 1992, (U.P. Act No. XXIV of 1992).
(2.) Promotion, like an appointment, within the meaning of this Act, has to be notified in so far as vacancy is concerned. There are no particulars In the petition that the vacancy has been notified by the Management. The only statement of fact is that the papers were sent to the District Inspector of Schools by the Committee of Management on 20-2-92, The contention at the Bar, is that this must be accepted as an implied vacancy. The Court cannot ignore the intention of the Legislature to notify a vacancy ; and the shot circuit suggested, on the submissions of this petition, does not fit with the scheme of the Act.
(3.) In these, circumstances, as the basic requirement of the Act is missing, the petition is misconceived and is dismissed. Petition dismissed.;