Sheo Kumar Singh, J. - (1.) By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:- I. Issue a writ, order or direction in the nature of certiorari to quash the illegal office memorandum no.1-BSIP/AP/L-1385 dated 18/02/2013 of Birbal Sahani Institute of Palaeobotany, Lucknow and in which opposite parties did not promote petitioner illegally, arbitrary, malafidely, biased and in unfair way vide annexure no.-1 in the interest of justice or Issue a writ, order, direction in the nature of mandamus to direct the opposite parties as eligibility of the petitioner is virtually admitted and the case of the petitioner is apparently prima facie proved, the High Court issue the direction for promoting the petitioner from Scientist 'B' to Scientist 'C' of the assessment for promotion in the assessment year 2012 with effect from 01.01.2013 along with all consequential benefits instead of remitting the matter to opposite parties for fresh consideration ignoring the annexure no.1 in the interest of justice. II. Or in alternative, issue a writ, order or direction in the nature of mandamus commanding the opposite parties for fresh consideration/reassessment for promotion in the assessment year 2012 in accordance with law, rules and regulations containing expertise members in the field of petitioner in the assessment committee for promotion from Scientist 'B' to Scientist 'C' and not merely on the basis of publication of research paper ignoring the annexure no.1 in the interest of justice within stipulated period. III. Issue a writ, order, direction in favour of the petitioner and against the opposite parties which this Court deems fit and proper.
(2.) Briefly stated, the petitioner was appointed as Research Associate under Thrust Area of Polar Research in Arctic - Antarctic Research Cell at Birbal Sahani Institute of Palaeobotany in the year 2008 and she was awarded Ph. D. Degree in 2009. While considering the promotion of the petitioner from Scientist 'B' to Scientist 'C' for the assessment year 2012 which was to be given with effect from 01.01.2013 the Assessement Committee did not recommend the name of the petitioner for promotion, thus, the present writ petition.
(3.) The Rules governing the promotion or giving selection grade of higher scale is provided in the bye-laws of Birbal Sahani Institute of Palaeobotany. Para 18.7 (c) of the same is reproduced below:- For the post of Scientist 'C' and Scientist 'B', the selection committee shall be consisted of:- i. Chairman or an eminent scientist nominated by him, who is not in service of the institute. Convener ii. Director Member iii. One senior Scientist of appropriate status of the institute nominated by the Chairman Member iv. Two experts nominated by the Chairman, who are not in service of the institute Members;