- (1.) BY means of the present writ petition, the petitioner is challenging the orders dated 26.3.2008 and 23.1.2013 passed by the Joint Director of Education and the order dated 28.6.2014 passed by the Regional Level Committee.
(2.) BRIEF facts giving rise to the present writ petition are that two vacancies on the post of lecturer in Hindi and Mathematics occurred on 30.6.2007. At the relevant point of time, there were 11 lecturers working in the institution out of 13 sanctioned post. Six lecturers were appointed by direct recruitment and five were by promotion. Under 50% quota, proposal for promotion of Sri Suraj Prakash, lecturer in Hindi and Sri Ajai Kumar, lecturer in Mathematics was sent.
(3.) IT appears that some dispute was raised with regard to the promotion of these persons i.e. respondent nos. 6 and 7 on the post of lecturer in Hindi and Mathematics. As a result of which, an order dated 26.3.2008, was passed by the Joint Director of Education, Saharanpur Region, Sharanpur cancelling the order of approval of promotion dated 24.1.2008. The order dated 26.3.2008 was challenged by Sri Ajai Kumar in Writ Petition No. 17472 of 2008 which was disposed of on 22.11.2012 remitting the matter to the Joint Director of Education to reconsider the case for promotion of Sri Ajai Kumar. The order dated 26.3.2008 passed by the Joint Director of Education, Saharanpur Region, Saharanpur was set aside. It was found by this Court that Sri Ajai Kumar possessed requisite qualification for promotion to the post of lecturer in Mathematics. However, promotion was kept in abeyance only on the ground that out of seven posts under promotion quota only one teacher of SC category was working. This Court found that there can be no reservation in the promotion quota relying upon the judgment of Apex Court in U.P. Power Corporation Ltd. Versus Rajesh Kumar Others, 2012 2 UPLBEC 1222; where in it was held that no reservation can be provided in the promotion.;