- (1.) BY means of this writ petition, the pe titioner has sought the following reliefs : (1) To issue a writ of mandamus commanding the respondents to fill up 75% promotional quota posts of the Principals/equivalent post before or with effect from 23-10-2004 by holding the selec tion for promotion to the posts of the Principal of the Government Polytechnic within the stipulated period as prescribed by the Court. (2) To issue a writ of mandamus commanding the respondents to consider and promote the peti tioner to the post of the Principal of the Government before or with effect from 23-10-2004, with all consequential benefits.
(2.) BRIEF facts giving rise to the present petition are that the petitioner was directly appointed on the class-1 post of the Head of Department (Phar macy) in the Polytechnic vide order dated 19-9-1983, and he joined on the said post on 22-03-1984. He was regu larized on the aforesaid post on 28-8-1991 and he has been continuously work ing on this post for the last 21 years and stagnating without getting any promotion, although the Director, respondent No. 2, had sent proposals on 8-12-2003 and 22-01-2004 to the respondent No. 1, the State of Uttaranchal for filling up the 75% promotional quota of the posts of Princi pal/joint Director, but before filling-up the said promotional quota posts, the 25% direct quota posts had been wrongly filled in bymaking direct recruitment of three persons on the post of Principal by the order dated 23-10-2004. It has been al leged that even despite the recommen dations dated 21 - 04-2004 and 8-11-2004 and being senior most Head of De partment in the pay scale of Rs. 10000-15200 and being placed at serial No. 1 in the eligibility list for the promotion, the petitioner has not been promoted on the post of Principal or equivalent post in the pay scale of Rs. 12000-16590. The petitioner also alleged that he had also worked on the post of Prin cipal in the officiating capacity in the various Government Polytechnics. The petitioner had become eligible for pro motion on the post of Joint Director/ Principal of the Government Polytechnic in the pay scale of Rs. 12000-16590 from 28- 8-1998, i. e. after completion of 7 years of substantive service on the class-1 post of the Head of Department in the Polytechnic in the pay scale of Rs. 10000-15200. At present all the persons officiating on the posts of Principal in the Government Polytechnics are junior to the petitioner. Therefore, the petitioner sought the indulgence of the Court to issue direc tion commanding the respondents to fill up 75% promotional quota posts of the Principal/equivalent post before or with effect 23-10-2004 by holding the selection and to promote the petitioner on the post of Principal of Govt: Polytechnic with all consequential benefits. The respondents filed counter affidavit alleging therein that the con tents of writ petition are misleading. It was pleaded in the counter affida vit that there is departmental rule called as the U. P Technical Education Gazetted Officers Service Rules, 1990 which provide the source of recruit ment for the posts of Principal/joint Director, which is 75% through De partmental Promotion and 25% through direct recruitment by Public Service Commission. There were 16 posts of Principal/joint Director in the Hill Zone of the erstwhile State of U. P Out of these posts, 12 posts were to be filled by way of promotion and as per roster 3 of these 12 posts were to be filled by the S. C. /s. T. candidates and which could not be filled in be cause of non-availability of eligible candidates in SC and ST categories. The rest 9 posts meant to be filled in by way of promotion from amongst the general category candidates. One promotional post of Principal/ Joint Director was already filled in and the remaining 8 posts were filled through promotion on 22-4-1999. It was fur ther submitted that the 4 posts of Principal of direct recruitment quota through Public Service Commission could not be filled in the year 1998-99 due to unavoidable reasons. In the meantime State of Uttaranchal came into existence and the 3 posts of di rect recruit quota could be filled in only on 23-10-2004, which should have been filled in the year 1998-99. It was further submitted that one post of Principal of direct recruit quota has not yet been filled in. It was submit ted that the petitioner was not eligi ble. on 1-/-1998 for promotion to the post of Principal hence it is not pos sible to consider the promotion of the petitioner from 23-10-2004.
(3.) THE short controversy involved in the present writ petition relates to fill up the post of Principal in Govern ment Polytechnic Institutions. THE services of Technical Education Gazetted Officers which include Prin cipal is governed by the Rule known as "u. R Technical Education Gazetted Officers Service Rules, 1990" (herein after referred as 'rules' ). Rule-4 of the Rules provides for the strength of service in each category of post to be determined by the Government which shall be, as given in Appendix-1, until it is varied by the Government Orders. Rule-5 of the 'rules' provides that re cruitment to the various categories of posts in the service shall be made from sources mentioned against each category in Appendix-1. Rule-16 of the 'rules' provides that recruitment by promotion through the Commission shall be procedure made in accordance with the Uttar Pradesh Promotion by selection for recruitment in consultation with the Public Service Commission (proce dure) by promotion Rules, 1970 as amended from time to time.;