SUDHIR AGARWAL,J. - (1.) HEARD learned counsel for the parties. As agreed and requested by learned counsel for the parties this writ petition is being heard and decided finally under the Rules of the Court at this stage.
(2.) AGGRIEVED by the order dated 24.12.2005 passed by the Regional Joint Director of Education, Agra declining to approve promotion of the petitioner on the post of Lecturer on the ground that the post is liable to be filled in by a reserve category candidate belong to scheduled castes hence his promotion cannot be accepted, the present writ petition has been filed by Sri Nem Singh, an Assistant Teacher working at Barauli Inter College Barauli Rao, Aligarh (hereinafter referred to as the "College") seeking a writ of certiorari for quashing the same. The undisputed facts in brief are that the College is recognised by the Board of High School and Intermediate (hereinafter referred to as the "Board") under the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the "Act, 1921") and recruitment to the post of teachers in the College is governed by the provisions of U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as the "Act, 1982") and the rules framed thereunder.
(3.) THE petitioner was appointed as Assistant Teacher, B.T.C. grade on 28.07.1974, promoted in C.T. grade on 14.02.1979 and in L.T. grade on 14.02.1999. He possess the educational qualification of M.A. (Hindi) and M.A. (Sanskrit). Due to retirement of one Sri Bhagwati Prasad Gaur, Lecturer, on 30.06.2003, a vacancy on the post of Lecturer occurred on 01.07.2003. The sanctioned strength of Lecturers in the College being six, three were already appointed by direct recruitment and remaining three posts were to be filled in by promotion. The above vacancy occurred due to retirement of Sri Bhagwati Prasad Gaur was thus liable to be filled in by promotion in view of Rule 10 of U.P. Secondary Education Service Selection Board Rules 1995 (hereinafter referred to as the "1995 Rules") which provides that 50% of the posts shall be filled in by promotion and 50% by direct recruitment. The petitioner submitted an application seeking his promotion on the post of Lecturer (Sanskrit) on 01.07.2003 whereupon the respondent no. 4, Committee of Management resolved on 27.07.2003 to fill in the above vacancy by promoting the petitioner on the post of Lecturer and sent the above recommendation in accordance with Rules to the educational authorities for approval alongwith a copy of the seniority list. The District Inspector of Schools, Aligarh (respondent no. 3) (in short "DIOS") raised some objection about the reservation quota of scheduled castes and directed Management to sent requisition to fill in the said vacancy by direct recruitment treating it to be a reserved vacancy for Scheduled Castes. The DIOS thereafter sent another letter dated 12.08.2004 informing the Joint Director of Education that are six sanctioned posts of Lecturers in the College and five are already filled in, three by direct recruitment and two by promotion but no scheduled castes candidate is available. However, he admits that the post is to be filled in by promotion being within the promotion quota as per Rules. The Joint Director of Education declined approval only on the ground that out of six vacancies one ought to have been filled in by a reserve category candidate of scheduled caste and, therefore, the petitioner's promotion cannot be approved.;