B.L.Yadav, R.R.Mishra, JJ. - (1.) By means of the present writ petition under Article 226 of the Constitution of India the petitioner has sought for issue a writ of mandamus directing the respondents to consider and promote the petitioner on the post of Lecturer in English in Moti Lal Nehru Inter College, Basupur, Ghazipur. No doubt, the petitioner has made an application dated 8-9-1987 (Annexure-1) to the writ petition that the post of the lecturer in the College was to be filled up by promotion within 40% quota as provided under the relevant provisions. He also made another application stating almost the same facts to the District Inspector of Schools (Annexure-3 to the writ petition). In the instant case the post had been duly advertised to be filled up and applications have been invited for direct selection vide Annexure No. 2 to the writ petition. For ascertaining as to whether the said post of Lecturer falls within 40% quota or it is to be filled up by direct selection it was to be determined with in the meaning of Rule 4(2) of the U .P Secondary Education Services Commission Rules, 1983 and that stage is over now as this question has already been determined by the District Inspector of Schools that the said post has to be filled up by direct selection and not by promotion. Having heard learned counsel for the petitioner we are therefore, of the view that the said post has been duly advertised to be filled up by the direct selection and that the present writ petition is devoid of any merit. The writ petition is accordingly dismissed summerly. Petition dismissed.;