SANJAY RAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Sri Sankalp Narain, learned counsel for the petitioner.

(2.) Petitioner has filed this writ petition being aggrieved of order dated 6.2.2020 passed by the District Inspector of Schools, Prayagraj whereby petitioner's case for promotion from Class IV post to the post of Assistant Clerk has been rejected on the ground that petitioner does not possess the necessary qualification of holding CCC certificate from DOEACC society as was made mandatory vide Government of Uttar Pradesh circular dated 3.11.2015 bearing No. 19/2015/581/Seventy/2-2015-16 (645)/2011 and circulars issued thereafter on 23.8.2016 and 4.11.2017. It is submitted that the post of Assistant Clerk in question, admittedly, became vacant on 6.11.2015 when one Assistant Clerk namely Ravi Dutt was promoted to the post of Head Clerk. Admittedly, this post as per statements of Manager of respondent no. 3 became available for being filled up through promotion of a Class IV employee.

(3.) Placing reliance on the judgment of this High Court in case of Virendra Singh Vs. State of UP and others as, 2013 3 UPLBEC 1997, it is submitted that the relevant cut off date for the purpose of considering petitioner's eligibility is the date on which said post fall vacant to be filled up by promotion of Class IV employee.