HUM VEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) B. S. Chauhan, J. This writ petition has been filed for quashing the impugned Government Order dated 10. 04. 2003, by which it has deleted clause (1) of Rule 54 of the U. P. Subordinate Education Service Rules, 1992.

(2.) FACTS and circumstances giving rise to this case are that the petitioner is working as a Head Master of the Junior High School and his services are governed by the provisions of the Basic Education Teachers Service Rules, 1981 read with provisions of the Basic Education Act, 1972. The services of Sub-Deputy Inspector of Schools/assistant Basic Shiksha Adhikari/basic Shiksha Adhikari are governed by the provisions of the U. P. Subordinate Education Service Rules, 1992, hereinafter called the 'rules 1992'. Rule 5 thereof provides that 10 percent of the vacancies on the post of Sub-Deputy Inspector of Schools/assistant Basic Shiksha Adhikari shall be filled up by promotion from amongst the Head Master/head Mistress of Junior High School having 10 years' experience of service. The petitioner is eligible to be considered for the promotion to the said post under Rules 1992 but by impugned amendment dated 10th April, 2003, by which clause (1) of Rule 54 has been deleted, the petitioner has no chance of promotion, though his case was being considered. Hence this petition.

(3.) WE have considered the rival submissions made by the learned Counsel for the parties and perused the record.