H.L.GOKHALE, DILIP GUPTA,JJ. - (1.) MR . S.P. Giri appears for the appellant in the first Appeal whereas Mr. R.N. Singh learned Senior Counsel appears for the appellant in the second Appeal.
(2.) BOTH the appellants are claiming appointment on the post of a Clerk in the Intermediate College run by the respondent No. 4 Committee of Management in District Basti. The case of Mr. Giri's client is that he is working as a Class IV employee and is entitled for promotion to the Clerical Post of Class III under the provisions of Regulation 2 contained in Chapter III of the U.P. Intermediate Education Act, 1921 but the Management has opted to fill the post by issuing an advertisement and that is why Umesh Pratap Singh represented by Mr. R.N. Singh came to be appointed directly.
(3.) SRI Tulsi Ram Yadav represented by Sri S.P. Giri had filed a writ petition challenging the appointment of Sri Umesh Pratap Singh. The learned Single Judge who heard the matter followed the judgment rendered earlier by a learned Single Judge in Palak Dhari Yadav v. Regional Inspectors of Girls Schools and others, (1999) 3 UPLBEC 2315 in which it was held that if there is one post of clerk it should be filled up by direct recruitment and not by promotion.;