- (1.) S. P. Srivastava, J. Heard the learned Counsel for the petitioner and the learned Counsel representing the contest ing respondents.
(2.) PERUSED the record. Feeling aggrieved by an order passed by the Deputy Director of Educa tion allowing the representation of the respondent No. 5 and setting aside the order promoting the petitioner to the post of Assistant Clerk as well as the order of approval issued by the District Inspector of Schools in respect thereof he has ap proached this Court seeking redress pray ing for the quashing of the aforesaid order. The facts in brief shorn of details and necessary for the disposal of this case lie in a narrow compass. The Rashtriya Inter College, Ismailpur, the educational institution which imparted education of the standard of Intermediate and is recog nised under the provision of U. P. Inter mediate Education Act, 1921 and the regulations framed thereunder. A vacancy in the post of Assistant Clerk in the mini sterial establishment of the aforesaid in stitution occurred on account of the death of Har Sharan Singh Yadav, the Head Clerk. The aforesaid vacancy fell within the 50% quota reserved to be filled up by the promotion from the eligible and suitable employee placed in the fourth class cadre. The criteria for promotion under the regulations which stands prescribed is the criteria of seniority sub ject to the rejection of unfit.
(3.) THE petitioner was promoted to the post of Assistant Clerk as against the resultant vacancy in question on 14-4-93. THE respondent No. 5 who was also an employee of the institution belonging to Class IV cadre objected to the promotion granted to the petitioner and made several representations in this respect claiming that in fact he ought to have been promoted instead of Hari Krishna Yadav. This Court vide its judgment and order dated 2-6-95 taking notice of the fact that the District Inspector of Schools had dealt with the matter in regard to the promotion granted to Hari Krishna Yadav acting in the capacity of the administrator of the college, directed the Deputy Director of Education Meerut region Meerut to con sider and dispose of the representation filed by Karan Singh. The impugned order referred to hereinabove was thereafter passed pur suant to the direction of this Court after affording opportunity of hearing to the parties concerned.;