M.C. Tripathi, J. - (1.) Heard Sri H.P. Shahi, learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) By means of present writ petition, the petitioner has prayed for a writ, order or direction in the nature of mandamus modifying the promotion order dated 2.11.2010 (Annexure No. 5 to the writ petition) passed by Joint Director of Education, Ist Region, Meerut and to grant promotion to the petitioner w.e.f. 1.7.2002 in place of 2.11.2010.
(3.) Brief facts giving rise to the present writ petition are that the present matter relates to an institution known as "Arya Kanta Inter College, Swami Para Budhana Gate, Meerut City" (hereinafter referred to as "institution") which is duly recognized institution and is governed by the provisions of U.P. Secondary Education Services Selection Board Act, 1982 and the rules framed thereunder. The institution is receiving grant -in -aid from the State Government and the provisions of U.P. Act No. 24 of 1971 are applicable upon it. The petitioner was initially appointed as Assistant Teacher in L.T. Grade on ad -hoc basis in R.S.S. Inter College, Jhinjhana District Muzaffar Nagar and was regularized vide order dated 25.10.1994. After regularization, the petitioner was transferred from R.S.S. Inter College, Muzaffar Nagar to the institution in question on 06.09.1996 and since then, the petitioner has been continuously working as an Assistant Teacher in the institution in question. The petitioner is fully qualified for being promoted as Lecturer in Sanskrit inasmuch as she has put in more than five years' service in L.T. Grade and has a degree of M.A. in Sanskrit. There are 9 sanctioned posts of Lecturers in the institution in question i.e. Sanskrit, Sociology, Economics, English, Civics, Music/Tabla, Hindi, History and Psychology. On 30.06.2000, a post of Lecturer in Sociology fell vacant due to retirement of Km. Yodda Kumari. On the said date out of the remaining 8 posts of Lecturers, 3 posts were filed up by persons who were appointed directly and the remaining 5 posts were occupied by persons who had been promoted to the Lecturer's grade, meaning thereby 50% quota for promotion was full. The names of persons, who had been granted promotion, are as follows: - - The following three teachers had been appointed directly: - - ;