- (1.) HEARD Sri Alok Dwivedi, learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) BY means of the present writ petition, the petitioner is challenging the order dated 15/16.11.2007 passed by the Joint Director of Education, Kanpur Region, Kanpur.
(3.) THE petitioner is an Assistant Teacher in G.N.K. Inter College, Civil Lines, Kanpur Nagar. There are 28 posts sanctioned for Lecturership, out of which 15 Lecturers are working. Seven posts are vacant under promotion quota. Under the vacant posts of promotion quota, the petitioner claimed promotion on the post of Lecturer (Math). The claim of the petitioner has been denied by the impugned order on the ground that on the posts on which Lecturers are working, there is no person of any reserved category and, therefore, posts of promotion quota are to be filled up by the reserved category and since no candidate of S.C. and S.T. is available, therefore, under the said quota, the vacant post of Lecturer (Math) may be directed to be filled by direct recruitment. Learned counsel for the petitioner submitted that if for the promotion, the candidate of the reserved quota is not available, the same cannot be directed to be filled by direct recruitment and to be filled by the candidate of general category. Reliance has been placed on the decisions of the learned Single Judge of this Court in the case of Kapil Deo Prasad Vs. State of U.P. and others, 2011 4 ADJ 657 and Nem Singh vs. State of U.P. and others,2009 9 ADJ 820. He submitted that sub -section (7) of Section 3 of the U.P. Public Services (Reservation for Scheduled Caste/Scheduled Tribe and Other Backward Classes) Act, 1994 has been omitted by the U.P. Ordinance No. 2 of 2012 which has been substituted by the U.P. Act No. 1 of 2013 w.e.f. 7.5.2012 and, therefore, after the omission of sub -section (7) of Section 3 of the U.P. Public Services (Reservation for Scheduled Caste/Scheduled Tribe and Other Backward Classes) Act, 1994, there is no reservation in the promotion, therefore, the petitioner being from general category is entitled for promotion.;