RAJESH KUMAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is an Assistant Teacher in an Intermediate College. He has made this writ petition for quashing of the order dated 28.7.2009 passed by the Joint Director of Education, the respondent no. 3, whereby, he has rejected the proposal for promotion of the petitioner in the lecturer grade on the ground that the said post shall be filled by a scheduled caste candidate as per roaster.

(2.) Shorn of unnecessary details the material facts in brief are that Narhari Baba Inter College is a recognized institution by the Board of High School and Intermediate (for short 'College'). The education is imparted up to the level of Intermediate classes. The State Government provides the financial aids to the college. The respondent no. 5 is a duly recognized Committee of Management which is entrusted to look after the affairs of the college.

(3.) The college, teachers and employees are governed and regulated by different Acts like, Intermediate Education Act, 1921, (for short ' Act 1921') and the regulations framed thereunder, U.P. High School and Intermediate Colleges ( Payment and Salaries of the Teachers and other employees) Act, 1971 (for short 'Salary Act'1971) and U.P. Secondary Education Service Selection Board Act, 1982 (for short 'Selection Board Act').