Vivek Varma, J. - (1.) Heard Sri Indra Raj Singh, learned counsel for the petitioner; Sri Gopal Misra, learned counsel for the respondent no. 5; and learned Standing Counsel for the State-respondents.
(2.) By means of the present writ petition, the petitioner has sought a writ of certiorari quashing the order dated 08.06.2015 passed by the Joint Director of Education, Basti Region, Basti, whereby the initial appointment of the petitioner on the post of Assistant Teacher and, thereafter, promotion on the post of Lecturer Economics was found to be illegal and a direction was issued to the District Inspector of Schools/Authorized Controller of the Institution to prepare a resolution for promotion of respondent no.5, Indra Mani Singh on the post of Lecturer Economics.
(3.) The petitioner has challenged the order dated 08.06.2015 by contending that in the proceedings of determination of promotion of respondent no.5, the initial appointment of the petitioner could not have been challenged, that too belatedly. The promotion of the petitioner had been made under Rule 14 of the U.P. Secondary Services Selection Board Rules, 1998 (hereinafter referred to as 'the Rules, 1998') by the three members statutory selection committee constituted under Section 12 of the U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as 'the Act, 1982') on 11.08.2011. The impugned order dated 08.06.2015 passed by the Joint Director of Education Basti, Region Basti is without jurisdiction and illegal. It is further submitted that the respondent no.5, Indramani Singh never challenged the promotion of the petitioner dated 11.08.2011 on the post of Lecturer Economics before this Court. The Court vide order dated 23.09.2014 passed in Writ-A No. 51546 of 2014 (Indramani Singh Vs. State of U.P. & 4 others) only afforded an opportunity to the respondent no.5 to make a representation for considering his claim for promotion on the post of Lecturer Economics. The order does not confer a right to challenge the promotion or the appointment of the petitioner nor does the order condone the delay on part of the respondent no. 5. Further, there being only a single post in the subject of Lecturer Economics in the cadre, which was already occupied by the petitioner on account of his promotion on 11.08.2011, as such there being no vacancy, the claim of the respondent no.5 was liable to be rejected by the Joint Director of Education. The petitioner has served in the Intermediate College known as Rastriya Krishak, Inter College, Raghuraj Nagar Sudipur, District Basti (hereinafter referred to as the 'Institution') from 03.07.1991 initially on the post of Assistant Teacher and subsequently from 11.08.2011 on the promoted post of Lecturer Economics and during his entire service, the work and conduct of the petitioner has always been satisfactory and was never awarded any adverse entry.;