SHIVANI GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) The Petitioner-Respondent No. 6, Sushil Kumar Tiwari challenged the orders of appointment of Shivani Gupta, the Respondent-Appellant by the Deputy Secretary of U.P. Secondary Education Service Selection Board, Allahabad (in short, the Board), as Lecturer in Sociology in Bilhour Inter College, Bilhour dated 11.8.2008. She was selected by the Board in pursuance of the advertisement No. 2 of 2004 for the post of the Lecturer in Sociology. Shri Sushil Kumar Tiwari is claiming promotion on the post after it fell vacant on 30.6.2007.

(2.) Learned single Judge found that Shivani Gupta was selected in pursuance of the advertisement No. 2 of 2004 by the Board. She was given placement in Yuvraj Dutt Inter College, Lakhimpur Kheri. There was no vacancy in the College in the year 2006, and thus she could not be given appointment. She filed a Writ Petition No. 227 of 2006 in Lucknow Bench of this Court, which was disposed of on 27.3.2006 with directions to consider her appointment on any vacancy in any College, and to decide her representation. She was adjusted in Sarvodaya Inter College, District Mau. Once again she could not be given appointment as there was no vacancy in that College also. The District Inspector of Schools, Kanpur Nagar thereafter informed the Board that there was a vacancy in Bilhar Inter College, Kanpur Nagar falling vacant on 30.6.2007 on the retirement of the incumbent on which she could be appointed. She was given placement by the Board and the Committee of Management allowed her to join, giving rise to the claim of Shri Sushil Kumar Tripathi to challenge the appointment, and for promotion on the post.

(3.) We have heard Shri Mangla Prasad Rai for the Appellant. Learned standing counsel appears for the State Respondents. Shri S. R. Singh appears for U.P. Secondary Education Service Selection Board. Shri Alok Dwivedi appears for Sri Shushil Kumar Tripathi-Petitioner-Respondent No. 6.