KAPIL DEO PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER before this Court seeks quashing of the order of the Regional Level Committee dated 30.6.2006 whereby his representation for promotion against the post of Lecturer (Economics) in the institution has been rejected.

(2.) FACTS in short giving rise to the present writ petition are as follows: Janta Inter College, Sohsa Mathiya, District Kushi Nagar, is an aided and recognized Intermediate college. Provisions of Intermediate Education Act and the regulations framed thereunder as also those of U.P. Secondary Education Services Selection Board Act, 1982 are fully applicable to the teachers of the said institution. The petitioner was appointed as L.T. Grade teacher in the said institution on the recommendation of the Selection Board on 16.4.1998. It is stated that the petitioner has been continuously working as such since then. Post of Lecturer (Economics) is stated to have fallen vacant on 30.6.2006. According to the petitioner the vacancy fell within the quota reserved for promotion and he being the senior most eligible teacher in L.T. Grade, was entitled to be promoted against the said vacancy.

(3.) ON behalf of respondent No. 5 it is contended that the vacancy was due to be caused in the year2004 because of the retirement of the incumbent concerned. The Committee of Management requisitioned the said anticipated vacancy in 2002 to the Selection Board. ON the date of requisition as well as on the date vacancy was to be caused, the petitioner was not possessed of a Degree of M.A., therefore, the question of consideration of his claim for promotion did not arise. It is then clarified that by means of amendment in the regulations/Government order, the age of retirement was enhanced by two years, therefore, the incumbent who was to retire in 2004 actually continued in service up to the year 2006. Counsel for the respondent submits that the petitioner is not a member of Scheduled Caste and, therefore, not eligible for such promotion. He further submits that the M. A. Degree obtained by the petitioner through correspondence from U.P. Rajshri Open University has been so obtained without prior permission of the Committee of Management and, therefore, has to be ignored. Lastly it is contended that quota for Scheduled Caste was vacant which has been filled by appointment of respondent No. 5 who is a member of Reserved Category, this Court may not interfere with the impugned order.