- (1.) HEARD learned counsel for the petitioner, Sri Anurag Asthana, learned counsel for respondent no.5 and learned Standing Counsel for respondent nos. 1 to 4.
(2.) BY means of the present writ petition, the petitioner is challenging the advisement dated 31.12.2014 published in a daily newspaper notifying the vacancies of class III post in the institution in question. Placing reliance upon the Government Order dated 28.5.1984 , the submission of learned counsel for the petitioner is that 15% of total sanctioned post in the institution in question are to be reserved for promotion from class IV employees . The submission is that there are total 18 vacancies of class III employees in the degree college. Out of which four posts are to be filled up by promotion. No appointment has ever been made by promotion on a class III post. The petitioner is eligible for promotion but his case was not considered by the management of the institution and it has erred in notifying the vacancies for appointment by direct recruitment.
(3.) LEARNED counsel for the respondent no.5 inviting attention of the court to Statute 25.01 of First Statutes of the Gorakhpur University and the judgment of this court in Committee of Management, Udit Narain Post Graduate College, Padrauna Vs. Regional Higher Education Officer, Gorakhpur and others, 2005 5 AWC 5019, submits that the question as to whether the post of routine grade clerk in the degree college can be filled up by promotion was examined. It is found from perusal of Statute 25.01 that the posts mentioned in Statute 25.02 or Statute 25.03 shall be filled only by direct recruitment on the recommendation of a Selection Committee. There is no provision for promotion on a class III post. and hence the claim of the petitioner for promotion on class III post cannot be accepted.;