LAWS(ALL)-2010-5-56

DEOKI VERMA Vs. STATE OF U P

Decided On May 14, 2010
DEOKL VERMA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) With the consent of Learned Counsels for the parties appearing before this Court, this matter has been heard and is being decided finally under the Rules of the Court at this stage.

(2.) Heard Sri Anil Bhushan for the Petitioner, learned standing counsel and Sri K.P. Shukla for Respondents No. 1 to 3 and 5 respectively. Respondent No. 5, represented by Sri K.P. Shukla, has filed counter-affidavit to which rejoinder-affidavit has also been filed. The Respondent No. 4 was issued notices, sent through registered post on 6.6.2009 but none has appeared on its behalf. Learned standing counsel submitted since only question of law with regard to interpretation of the provision pertaining to academic qualification is involved, he does not propose to file any counter-affidavit and will make his submissions orally.

(3.) The Petitioner is aggrieved by order dated 20.5.2009 (Annexure 6 to the writ petition) passed by Regional Joint Director of Education, Agra (hereinafter referred to as 'J.D.E.') disapproving promotion of the Petitioner to the post of Assistant Teacher L.T. Grade and revoking approval order of District Inspector of Schools, Agra (hereinafter referred to as "D.I.O.S.") granting approval to the Petitioner's promotion and simultaneously approving promotion of Respondent No. 5 on the aforesaid post.