TRIBHUVAN NATH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri N.B. Singh, learned counsel for the petitioner, learned Standing Counsel as well as Sri S.P. Singh, learned counsel appearing for the respondent No.6.

(2.) By means of the present petition, the petitioner has prayed for quashing of the decision of the Regional Level Committee dated 18.7.2016 communicated by respondent No.3 on 22.7.2016 as contained in Annexure-1 to the writ petition. A further prayer is for a mandamus commanding the respondents to consider the case of the petitioner for promotion on the post of Lecturer in Education in B.D. Dubey Inter College, Paharpur, Pratapgarh.

(3.) Learned counsel for the petitioner contends that a substantive vacancy arose in the institution in question on account of retirement of one Sri Raj Kishore Shukla on 30.6.2014 on the post of Lecturer in Education. The petitioner having been substantively appointed as Assistant Teacher on 18.7.2008, was perfectly eligible for being considered for promotion to the said post but the Regional Level Committee vide impugned order dated 18.7.2016 has recommended the case of the respondent No.6 for promotion on the said post and hence the present petition.