S.U.KHAN, J. - (1.) HEARD learned counsel for the parties.
(2.) THE order which was passed in this writ petition at the time of reserving the judgment on 4.3.2009 is quoted below: "Heard learned counsel for the parties. Judgment Reserved. Learned standing counsel has shown the decision of regional committee dated 13.10.06 in respect of Smt. Usha Fadrik and photo-stat copy of the same has been placed on record. Learned counsel for the petitioner has categorically stated that petitioner is not basing her claim on the post falling vacant due to promotion of Smt. Usha Fadrik, and petitioner is claiming her appointment on the post vacated due to death of Smt. S.John which occurred on 31.3.1998." Petitioner was appointed as L.T. Grade teacher to teach arts/drawing in Carmel Girls Inter College Gorakhpur which is undisputedly a minority institution. Initially it was doubtful as to whether petitioner was appointed on the post which fell vacant either due to promotion of Smt. Usha Federick or due to death of Smt. S.John. However, afterwards petitioner categorically stated that she was claiming her appointment against the post which fell vacant due to death of Smt. S. John which occurred on 21.3.1998. Smt. S.John was basically teacher of Geography, However, it is alleged that she was also teaching arts/drawing. It is also not disputed that there is another teacher by the name of Smt. Qaiser (Kesar Mahmood) who is teaching art/drawing exclusively in the college in question.
(3.) ADMITTEDLY , there are 16 sanctioned post of L.T. Grade teachers in the college in question.;