- (1.) Heard Sri D.K.Singh, learned Counsel for the petitioner and Sri Krishna Madhav Shukla, learned Counsel for the private respondent and the Standing Counsel.
(2.) The Committee of Management of Sadar Patel Smarak Inter College, Larpur, District Ambedkar Nagar, [for brevity sake 'Committee of Management'] has preferred the instant writ petition questioning the correctness and validity of order dated 15.3.2013 passed by the District Inspector of Schools, Ambedkar Nagar, whereby petitioners have been directed to make available proposal for promotion of opposite party no.4, namely, Indrajeet Verma on the post of Lecturer (Hindi).
(3.) According to learned Counsel for the petitioners, there are six sanctioned posts of Lecturer in Sardar Patel Smarak Inter College [ in short as 'the Institution]. Out of these six posts of Lecturer, three posts fall under the promotion quota and other three are to be filled under the direct recruitment quota as provided in Rule 10 of the U.P. Secondary Education (Service Selection Board) Rules 1998 [in short referred to as '1998 Rules']. Giving detail, it has been pointed out that two posts falling under direct recruitment quota are occupied by Sri Ram Ujagir Verma and Sri Virendra Pratap Singh as Lecturer (Sanskrit & English) whereas two posts falling under promotion quota are occupied by Sri Ramashankar Verma and Jiyalal Chaudhary as Lecturer (Economics) and Lecturer (Geography) respectively. Thus the two posts one under direct recruitment quota and other under promotion quota were lying vacant in the institution. It has also been pointed out that on account of sad demise of Sri Ram Ujagir Verma, one post of Lecturer (Hindi) under promotion quota fell vacant on 23.12.2011 (Academic Session 2011-12).;