NEERA JASSAL Vs. STATE OF U.P.THROUGH PRINCIPAL SECRETARY, SECONDARY EDUCA­TION, U.P., LUCKNOW AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the petitioner Sri R.N. Yadav. learned Standing Counsel for respondent Nos. 1 to 3 and the learned Counsel for the Committee of Management the respondent No. 4.

(2.) The challenge in this petition is to the order dated 22.2.2006, whereby the claim of the petitioner for being promoted as Lecturer in Home Science in Durga Bari A.B. Balika Inter College, Meerut, has been rejected on the ground that the post claimed by the petitioner has to be filled up from amongst a reserved category candidate of Scheduled Caste and, therefore, the petitioner cannot be promoted as she belongs to the general category.

(3.) The petitioner has come up with a clear case that there are 12 posts of Lecturer in the institution and 50% of the posts in terms of Chapter-11 Regulation 5 of the U.P. Intermediate Regulation Act read with the Rules and Regulations framed under the U.P. Secondary Education Service Selection Boards Act have to he filled up by way of promotion. It is submitted that out of the said 12 posts only one post of Lecturer (Home Science) was vacant and 7 posts were occupied by the candidates, who had been appointed by way of direct recruitment and 4 Lecturers are working by way of promotion. The post claimed by the petitioner has, therefore, to be filled up by way of promotion as it falls within 50% of the promotion quota. The submission, therefore, is that the direction issued in the impugned order diverting the post to be filled up by way of direct recruitment by a Schedule caste candidate is erroneous in law.