- (1.) HEARD Counsel for the petitioner and learned Standing Counsel and perused the record.
(2.) COUNSEL for the petitioner submits that the petitioner was working as Assistant Teacher L.T. Grade in HMKD Inter College, Mohan, Unnao. On the vacancy cause on account of retirement of one Vijay Kumar Srivastava, the Management, vide its resolution dated 5.9.1999, resolved to appoint the petitioner against the promotional quota of 50% against the Lecturer Economic Post. Thereafter, the petitioner started working as Lecturer Economics and the Management also proceeded to send all the requisite papers to the opposite party No.2 along with resolution dated 5.9.1999 for granting approval i.e. financial approval for making payment of salary to the petitioner but no heed was paid by the opposite party No.2. Subsequently, impugned order dated 7.8.2000 has been passed by the opposite party No.2, by means of which opposite party No.3 -Institution was directed to fill the post in question from the reserved category against 50% promotion quota or sent a requisition to the Commission for making appointment of reserved category candidate. Aggrieved by the arbitrary and unjustified action, the petitioner has preferred the instant writ petition.
(3.) COUNSEL for the petitioner submits that as per Rule 10 of U.P. Secondary Education Service Commission Rules, 1995, framed under the U.P. Secondary Education Service Commission Act, 1982, as amended upto date, the source of recruitment for the post of Lecturer in Intermediate College, has been provided as 50% through direct recruitment and 50% though promotion from the post of L.T. Grade Teacher. As in the College, there are total 14 sanctioned posts of Lecturer and in view of Rule 10 of Rules, 1995, out of total 14 posts of Lecturer, six Lecturer have been appointed through direct recruitment and six Lecturer have been appointed through promotion from the post of L.T. Grade Teacher. Counsel for the petitioner submits that as out of two posts vacant in each category i.e. direct recruitment and 50% promotional quota, the Committee of the College has already sent a requisition on 17.5.1999 to the District Inspector of Schools for making appointment against one post of Lecturer Geography through direct recruitment from reserved category candidate and for the remaining one post of Lecturer Economics, when the opposite parties did not make any appointment through promotion against 50% quota inspite of requisition being sent by the Committee of Management dated 9.2.1999, the petitioner was given promotion on post of Lecturer Economics against 50% promotion quota vide resolution dated 5.9.1999. In compliance thereof, the petitioner has also been allowed to work as Lecturer Economics w.e.f. 23.9.1999.;