V.K. Shukla, J. - (1.) BRIEF facts giving rise to instant writ petition in brief is that in the district of Allahabad there is a recognised institution known as Badri Nath Tiwari Inter College, Meja Road, Allahabad. Said institution is a duly recognised institution under the provisions as contained under U.P. Intermediate Education Act 1921 and Regulations framed therein. Said institution is engaged in imparting education up to Intermediate level. Institution in question is also in grant-in-aid list of the State Government and the provisions of U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act 1971 are also fully applicable to the said institution. After enforcement of U.P. Act No. 5 of 1982 selection and appointment on the post of Principal, Lecturer and L.T. Grade teachers is to be made strictly as per the provisions as contained in U.P. Act No. 5 of 1982and Rules framed. In the institution concerned Ramkant Misra was appointed as L.T. Grade teacher on 01.08.1974. Eight posts of Lecturer have been sanctioned in the aforementioned institution. One such post was being held by one Manideo Singh in the capacity of Lecturer in Civics. Said Manideo Singh retired on 30.06.1992 and thus, a substantive vacancy on the post of Lecturer in Civics fell vacant. Petitioner has contended that out of eight sanctioned post of Lecturer only two post of Lecturer had been filled up by way of promotion and as such said post of Lecturer in Civics fell within promotional quota and as such same ought have been filled up by way of promotion by promoting the petitioner on the post of Lecturer in Civics. As no action was being taken petitioner, Rama Kant Mishra in his turn represented the matter again and again for promoting him, but no action was taken on the same and in the meantime Managing Committee of the institution on the pretext that there is no S.C./S.T. Candidate available in the institution sent requisition to U.P. Secondary Education Services Selection Board on 24.05.1995 for filling up aforementioned vacancy by way of direct recruitment from amongst S.C./S.T. Candidate. When requisition was sent, at this juncture Civil Misc. Writ Petition No. 8540 of 1996 had been filed before this Court by Ramakant Mishra claiming therein promotion on the post of Lecturer in Civics with effect from 01.07.1992.
(2.) ON presentation of aforementioned writ petition, this Court as an interim measure passed following order which is being quoted below: "Meanwhile, I direct respondent no. 2 to decide the petitioner's representation filed on 20.10.1995 within a period of one month from the date a certified copy of this order is produced before him alongwith the copy of the said order." Pursuant to directives issued by this Court, Deputy Director of Education proceeded to decide the representation moved on behalf of the Ramakant Mishra petitioner and order was passed on 18.04.1996 by Deputy Director of Education 4th Region Allahabad accepting claim of Ramkant Misra for being promoted under promotional quota as post in question was not liable to be filled up by way of direct recruitment. Said order has been subject matter of challenge before this Court by means of Civil Misc. Writ Petition No. 20453 of 1996 by Managing Committee of the Institution. Thereafter Civil Misc. Writ Petition No. 39441 of 1996 has been filed by Ramkant Misra praying therein that order dated 18.04.1996 be implemented and be given effect to by according promotion to him. Counter affidavit has been filed in Civil Misc. Writ Petition No. 8540 of 1996 and therein Management of the institution has tried to raise dispute in respect of educational qualification of Ramakant Mishra and further it has been asserted that there is no teacher in L.T. Grade belonging to S.C/S.T category and as such post in question in all eventuality is to be filled up from amongst reserved category candidate, by way of direct recruitment. Further it has been asserted that one Mahendra Nath Tripathi is senior to the petitioner and it is his claim which is to be accepted and not that of petitioner.
(3.) REJOINDER affidavit has been filed to this counter affidavit and therein it has been asserted that promotion cannot be permitted to be defeated in the way and manner as has been sought to be done in the present case as such action of the Management in not according promotion to the petitioner is wholly unjustifiable. In respect of post of Lecturer in Civics, alternatively it has been contended that even if said post is reserved for S.C./S.T. Category candidates and there being no one available in the next lower grade it has to be filled up by way of promotion from amongst General Category candidate. After pleadings have been exchanged inter se parties with the consent of the parties all these three writ petitions are being taken up together and are being decided together, as issues raised are interconnected.;