- (1.) THE petitioner Committee of Management of Ashthbhuja Vidya Niketan Inter College, Jethwara Pratapgarh through its President has filed the present writ petition, challenging the order of District Inspector of Schools, Pratapgarh dated 1.9.2014, whereby, he had directed the Management to fill up the single vacant Class III post in the institution by promoting respondent no.4, a Class IV employee. The petitioner has also prayed for a writ of mandamus restraining the respondents from interfering in the right of the Management in filling up such post by direct recruitment.
(2.) INDISPUTABLY , the manner in which the post of Clerk is to be filled up is provided under Regulation 2 of Chapter III of the Regulations framed under the Intermediate Education Act, 1921, which reads as under: - "2. (1) For the purpose of appointments of Clerks and Fourth Class employees the minimum educational qualification would be the same as has been fixed from time to time for the equivalent employees of Government Higher Secondary Schools. (2) Fifty per cent of the total number of sanctioned posts of head clerk and clerks shall be filled among the serving clerks and employees through promotion. If employee possesses prescribed eligibility and he has served continuously for 5 years on his substantive post and his service record is good, then promotion shall be made on the basis of seniority, subject to rejection of the unfit. If any employee is aggrieved by any decision or order of the management committee in this respect then he can make representation against it to the Inspector within two weeks from the date of such decision or order. Inspector on such representation can make such orders as he thinks fit. Decision of the Inspector would be final and promptly executed by the management. Note. - -In calculating fifty per cent of posts parts less than half would be left and half or more that half post would be deemed as one."
(3.) THE sole contention of learned counsel for the petitioner is that since there is only one Class III post in the institution and, therefore, in case it is filled by promotion, it would amount to 100% reservation. It is contended that in such circumstances, roster system should be applied and once the post should be filled by direct recruitment and next time, by promotion. On the other hand, learned Additional Chief Standing Counsel appearing for State respondents and Sri Alok Kumar Pandey, appearing on behalf of respondent no.4 contended that the controversy is no more res -integra, as it stands decided by a Larger Bench of this Court in the case of Jai Bhagwan Singh Vs. District Inspector of Schools, Gautambudh Nagar and others, 2006 3 UPLBEC 2391.;