SANTOSH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Siddharth Khare, learned counsel for the petitioner and Sri Pankaj Rai, learned Additional Chief Standing Counsel for the respondents.

(2.) THE brief facts of the case are that one Sri Raja Ram Yadav, Lecturer in Economic in Shri Purshottam Singh Inter College, Rajendra Nagar, Farrukhabad retired on 30.6.1991.As a result of his retirement, on 1.7.1991 one substantive post of Economic Lecturer in Economics had fallen vacant. It appears that to fill up the said vacancy under 50% promotion quota the Committee of Management had sent a letter No. 42/91/92 dated 20.8.1991 to Deputy Director of Education, Kanpur Region, Kanpur for sending the same to the Secretary, Madhyamik Shiksha Sewa Ayog, Allahabad. Further the Committee of Management had sent a letter No. 39/91-92 dated 1.10.1991 for the approval of promotion of Sri Bireshwar Singh under 50% promotion quota under Section 18 of Act No. 5 of 1982. Meanwhile, it appears that the Committee of Management has passed a resolution dated 30.6.1991 for the ad hoc promotion of Sri Bireshwar Singh w.e.f. 1.7.1991 and sent the same for approval to the District Inspector of Schools which has been approved on 4.1.1992 under 50% promotion quota.

(3.) BY the impugned order dated 17.2.1993 the District Inspector of Schools has refused to grant approval which is impugned in the present writ petition.