V.M.Sahai, J. - (1.) The short question that arises for consideration in this writ petition is whether in an institution where there is only one post can it be filled by direct recruitment or by promotion under Regulation 2 (2) of Chapter III of the regulations framed under the U. P. Intermediate Education Act, 1921.
(2.) The contextual facts in Writ Petition No. 6681 of 1990 depicts that the petitioner Palak Dhari Yadav a Class IV employee working since 1980 in D.A.V. Girls Higher Secondary School, Mau Nath Bhanjan, Mau (in brief institution) was eligible and qualified to be promoted as clerk. There were three other class IV employees who were senior to him but were not eligible and qualified for promotion. There was only one post of clerk in the institution, which was vacant. The management filled the post by direct recruitment and appointed respondent No. 4 Sanjay Kumar Upadhyay on 18.8.1989. The petitioner on 2.9.1989 made representation before respondent No. 1 that he may be promoted to the post of clerk as he is eligible for the same. The respondent No. 1 on 16.9.1989 wrote to the management for consideration of his claim. Since nothing was done by the management the respondent No. 1 sent a reminder on 23.1.1990. Thereafter, he filed writ petition before this Court on 8.3.1990. It was dismissed on the same day. The appointment of respondent No. 4 was approved on 7.3.1990 by Regional Inspectress of Girls School. The petitioner now has challenged the order of approval dated 7.3.1990. He claimed a direction to promote him as well.
(3.) Writ Petition No. 19091 of 1990 has been filed by Sanjay Kumar Upadhyay for payment of salary. He filed a certificate of the Principal of the institution that he is continuously working in the institution.;