VIVEK CHAUDHARY,J. - (1.) By the present writ petition, petitioner challenges promotion of respondent no.5 made on the post of Lecturer (Hindi) from Post of Assistant Teacher L.T. Grade at I.R. Inter College, Sandila, District Hardoi.
(2.) Facts of the case are that petitioner was appointed as Assistant Teacher in L.T. Grade on 18.05.1987 whereas respondent no. 5 was appointed on 01.01.1988. One Sri Harihar Bux Singh, who was a direct appointee, retired on 30.06.2003.
(3.) There were six posts of Lecturers in the institution, out of which three posts were to be filled up by direct recruitment and remaining three posts were of promotion quota. In the year 2006, all the three posts of direct recruitment were lying vacant while all the three posts of promotion quota were filled up by promotion of S/Shri Abdul Sabool, Haseen Ahmad and Sarfuddin. Sri Haseen Ahmad retired on 30.06.2006 on attaining age of superannuation. This post fell vacant from 01.07.2006. These facts are given in paragraph nos. 14 and 15 of the writ petition and same are admitted in paragraph nos. 12 and 13 of the counter affidavit filed on behalf of respondent no.5.;