- (1.) HEARD learned counsel for the petitioner and learned Standing Counsel for the State of U.P. By means of present writ petition, the petitioner has prayed as follows: - "(a) to issue a writ, order or direction in the nature of certiorari be issued and the orders dated 14.09.2007 passed by the Joint Director of Education and the orders dated 06.11.2007 and 15.11.2007 passed by the D.I.O.S. (Annexures - 3, 5 and 6 to the writ petition) respectively be quashed; (b) to issue a writ, order or direction in the nature of mandamus commanding the respondents to promote the petitioner on the post of lecturer with effect from 05.06.2007; (c) to award cost of the writ petition in favour of the petitioner"
(2.) LEARNED counsel for the petitioner submits that petitioner was working as Assistant Teacher (L.T. Grade) in Vaidik Technical Evam Audyogik Inter College, Diviyapur, Auraiya (herein after referred as institution). As per the record there were 13 posts of lecturer in the institution out of which 5 posts were filled up by way of direct recruitment whereas 5 posts of lecturer were liable to be filled up? by way of promotion in the Institution. In this regard resolution was passed by the Committee of Management on 25.06.2007 and a letter was also sent to respondent no.2, the Regional Committee / Joint Director of Education, Kanpur Region, for consideration. In pursuance there of the order impugned dated 14.09.2007 has been passed by the Joint Director, Education and the consequential orders dated 06.11.2007 and 15.11.2007 were also passed by the District Inspector of Schools, the same are under challenge.
(3.) LEARNED counsel for the petitioner submits that in the identical facts the resolution has also been passed by the Committee of Management in favour of Smt. Veena Kumari Sharma who was working as Assistant Teacher (L.T. Grade) and her claim was also rejected by means of an order dated 15.11.2007. Aggrieved with the rejection order, she had filed writ petition No. 4023 of 2008 (Smt. Veena Kumari Sharma Vs. State of U.P. and others) and this Court vide order dated 28.03.2012 had allowed the writ petition with following observation: - "Heard learned counsel for the petitioner, learned standing counsel and Sri Arvind Upadhyay for respondent no.4. By this petition, the petitioner has challenged order dated 14.9.2007 passed by Joint Director of Education, Kanpur Region, Kanpur and communication letter dated 15.11.2007 written by District Inspector of Schools, Auraiya to the Manager of the institution, whereby proposal of petitioner's promotion on the post of Lecturer in Biology has been returned back on the ground that post is reserved for scheduled caste candidate. It is not in dispute that petitioner belongs to General category. It is also not in dispute that in the institution there are 13 posts in Lecturer's Grade, out of which 6 posts are demarcated for direct recruits and 7 are allocated for promotion. In 50% quota of direct recruitment 6 persons are already working out of whom 5 persons are of general category and one person is of scheduled caste reserved category whereas against 7 posts in 50% quota of promotion 4 persons are working out of whom one person is of scheduled caste. It is not in dispute that Sri Jitendra Singh Dohra belonging to scheduled caste has been promoted as Lecturer on 12.9.2011 by Regional Level Committee and 3 persons including the petitioner were proposed to be promoted by the Committee of Management of institution from L.T. Grade to Lecturer Grade. It is incorrect to say that 4 posts would come within the quota of scheduled caste out of 13 sanctioned posts in Lecturer's Grade. In my opinion, in 21% quota of reservation for scheduled caste one post will fall in the quota of direct recruitment and one post will fall in the quota of promotion. Thus only two posts out of 13 posts could be reserved for scheduled caste and two persons belonging to the scheduled caste are already working as Lecturer in the institution, therefore, the view taken by Joint Director of Education, Kanpur Region, Kanpur returning the proposal of promotion of the petitioner from L.T. Grade to Lecturer Biology on the ground that the post in question reserved for the scheduled caste candidate appears to be wholly erroneous and misconceived for the reason that quota of scheduled caste has already been filled up, therefore, cannot be sustained. Accordingly, the impugned order dated 14.9.2007 passed by Joint Director of Education, Kanpur Region, Kanpur and communication letter dated 15.11.2007 written by District Inspector of Schools, Auraiya are hereby quashed. The Joint Director of Education, Kanpur Region, Kanpur is directed to examine the case of promotion of the petitioner on merit and pass appropriate order within a period of six weeks from the date of production of certified copy of the order passed by this Court before him. With the aforesaid observation and direction, writ petition stands allowed." Learned counsel for the petitioner submits that by a common resolution the case of the petitioner had also been considered by the Committee of Management and in the light of decision taken by this Court in writ petition No. 4023 of 2008, his claim is also liable to be decided by the Joint Director Education, Kanpur Region, Kanpur.?;