OM PRAKASH SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has preferred this writ petition for issuance of writ of certiorari to quash the order dated 27.5.2008 passed by the respondent No. 3, the District Inspector of Schools, Meerut as well as the resolution dated 15.5.2008 passed by the respondent No. 4, the Authorized Controller/Associate District Inspector of Schools, Jaswant Mills Higher Secondary School Maliyana, district Meerut. A brief reference of the factual aspect would suffice.

(2.) It is stated that one post of clerk fell substantively vacant as the permanent clerk Nem Singh reached his age of superannuation on 30.6.2007. It appears that the authorized controller is functioning in the institution and a resolution was taken on 5.7.2007 wherein the proposal was sent for the promotion of the petitioner on the post of clerk. Subsequently, another resolution was taken on 15.5.2008 wherein it was resolved that the respondent No. 7 who belongs to Schedule Caste category may be promoted on the same post. A copy of the said resolution is placed by the petitioner on record as Annexure-3 to the writ petition. In pursuance to the said resolution the DIOS vide order dated 27.5.2008 accorded his approval for promotion of the respondent No. 7 on the post of clerk. Aggrieved by the said order the petitioner has preferred this writ petition.

(3.) I have heard learned counsel for the petitioner Sri S.C. Srivastava and learned counsel for the respondent Sri Santosh Kumar Srivastava.