- (1.) By way of this writ petition the petitioner, a class-IV employee of a recognised Institution, namely, Subhash Janta Vidyalaya, Majhupur, Kannau (for short, "the Institution"), is seeking quashment of the impugned order dated 25 October 2011 passed by the District Inspector of Schools, Kannuaj (for short, "the DIOS"), whereby he has rejected the claim of the petitioner for promotion.
(2.) The essential facts are that the Institution is governed by the provisions of U.P. Intermediate Education Act, 1921 (U.P. Act No. II of 1921), the Regulations framed thereunder and the Uttar Pradesh Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978 (U.P. Act No. 6 of 1979).
(3.) It is stated that the Institution was initially a Junior High School. The petitioner was appointed as a peon on 01 July 1978. The services of the petitioner were confirmed. The Institution was upgraded as High School in the year 2007 thus the provisions of U.P. Act No. II of 1921 and the Regulations framed thereunder are applicable to the Institution. The petitioner claims his promotion under Chapter-III Regulation 2(b) of the Regulations framed under the U.P. Act No. II of 1921 as on 50% quota on the post of clerk.;