ARUN TANDON, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS writ petition has been filed by Smt. Dipti Srivastava, whole claims to be the working as L.T. Grade Teacher in Neena Thapa Inter College, Gorakhpur Cantt, Gorakhpur. The petitioner objects to the appointment of respondent No. 7 Sri Mahendra Kumar Mishra, Lecturer (Chemistry) in the institution on the recommendation of the U.P. Secondary Education Services Selection Board, Allahabad on the ground that (a) the post of Lecturer (Chemistry), which has been fallen vacant in the institution is within 50% quota reserved for promotion, (b) the U.P. Secondary Education Services Selection Board, Allahabad selected respondent No. 7 for another institution with reference to the Advertisement No. 1/2003 and that respondent No. 7 cannot be adjusted against the vacancy in the present institution as the vacancy thereof was not subject matter of Advertisement No. 1/2003. The issue whereof has already been decided by this Court in the case of Indra Deo Ojha v. State of U.P. and others, passed in Civil Misc. Writ Petition No. 3245 of 2005.
(3.) SRI R.K. Jain Senior Advocate assisted by Sri Rahul Jain, learned Counsel for the respondent No. 7 submits that respondent No. 7 has been selected in pursuance to the advertisement published by the U.P. Secondary Education Services Selection Board, to be appointed against a vacancy, which was subject matter of Advertisement No. 1/2003 having regard to the merit secured by him in the selection. Thereof, he cannot be denied the fruits of the selection only on the ground that the vacancy against which he has been empanelled by the U.P. Secondary Education Services Selection Board, is required to be filled by promotion. He submits that even if he cannot be adjusted in the present institution, in view of the Division Bench judgment of this Court in the case of Satish Kumar v. State of U.P. and others, passed in Civil Misc. Writ Petition No. 46861 of 2005, decided on 22nd September, 2006, as also in view of the fact that the vacancy is within 50% quota reserved for promotion, the respondent No. 7 has a right for being appointed in any other institution, vacancy whereof was subject matter of Advertisement No. 1/2003, and where the vacancy on the post of Lecturer (Chemistry) is still vacant.;