Arun Tandon, J. - (1.) With the consent of the parties the present writ petition is disposed of finally without calling for further affidavits.
(2.) On record is an order of the District Inspector of Schools dated 28.11.2008 which record that the vacancy on the post of Lecturer (Social Science) is reserved for scheduled caste category and therefore. name of Surendra Kumar who is within the said category be forwarded for promotion against the said post. Another order was issued by the District Inspector of Schools dated 5.2.2009 informing the Manager that he is not complying with the orders issued earlier. Lastly on 28.5.2009 he has issued a letter from promotion of Surendra Kumar on the post of Lecturer (Social Science). The Manager of the institution by means of a letter dated 29.6.2009 has informed the petitioner that in view of the letters of the District Inspector of Schools, his claim for promotion cannot be considered as he is within the general category. Two issues have been raised for question the order of the District Inspector of Schools : (a) that the vacancy is not within the reserved category and even otherwise such reservation has to be calculated on the basis of sanctioned post. (b) even if the vacancy is treated to be reserved as per the order of the District Inspector of Schools, Surendra Kumar is not possessed of minimum qualification for being appointed on the post of Lecturer inasmuch as he does not have a post graduate degree in the subject concerned. It is stated that Surendra Kumar double M.A. in Economics and Geography. In the facts and circumstances of the case I am of the considered opinion that the issue raised can be more appropriately examined by the Regional Joint Director of Education, Kanpur Division. Kanpur.
(3.) Accordingly, the present writ petition is disposed of with liberty to the petitioner to make a representation ventilating all his grievances before the Regional Joint Director of Education, within two weeks from today, along with a certified copy of this order. On such a representation being made the Regional Joint Director of Education shall call for the records and shall pass a reasoned speaking order after affording opportunity of hearing to the petitioner, Surendra Kumar Singh and the Committee of Management, preferably within six weeks, thereafter.;