RADHEY SHYAM TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner Sri P.N. Pandey, learned standing counsel for the Respondents No. 1 and 2, Sri P.S. Shukla for the Respondent No. 4 and Sri R.K. Ojha has been heard for the contesting Respondent No. 5.

(2.) The writ petition questions the legality of the selections and promotion of the Respondent No. 5 as an Assistant Clerk in Sri Desh Raj Narang Dayanand Inter College, Govind Nagar, Walterganj district Basti which is an institution governed by the U.P. Intermediate Education Act, 1921 and the regulations framed thereunder.

(3.) The Petitioner contends that he was appointed as a daftari which is also a Class IV post on 29.11.1996 and so was the Respondent No. 5 as a Class IV employee on the same date. The date of birth of the Petitioner is 1st July. 1975 whereas the date of birth of the Respondent No. 5 is 10th January, 1977, It may be stated at the outset that the aforesaid facts upon a perusal of the pleadings to that extent are undisputed.