A.P.Sahi, J. - (1.) The petitioner - Committee of Management, which manages an Intermediate College recognized under the provisions of the U.P. Intermediate Education Act, 1921, has assailed the order of the District Inspector of Schools dated 16.2.2006 (Annexure-4 to the writ petition), whereby the District Inspector of Schools had held that the Respondent No. 4, being the senior most Teacher entitled for being promoted, deserves to be extended the said benefit keeping in view the provisions of the Regulations which provide for promotion under the 50% promotion quota applicable to the controversy.
(2.) The resistance to the impugned order by the Committee of Management is primarily on the ground that the institution is a declared and acknowledged minority institution, established and administered by the Jain Community and, therefore, is entitled to all the protections guaranteed under Article 30 of the Constitution of India. The District Inspector of Schools is stated to have, therefore, no jurisdiction to issue the directions to the Committee of Management for promoting the Respondent No. 4 against the choice of the Committee of Management to promote Sri Neeraj Kumar Jain as a Lecturer in the institution. The other issues on merits, which have been advanced, may deserve consideration after the aforesaid primary questions raised by the petitioner is answered.
(3.) Sri R.B. Singhal has been heard on behalf of the petitioner and Sri Ashok Khare, learned senior counsel for the Respondent No. 4 and learned Standing Counsel for the Respondent Nos. 1, 2 and 3.;