CHANDRA PRAKASH TRIVEDI Vs. STATE OF U. P

JUDGEMENT

(1.) Heard Shri Sanjay Kumar, learned counsel for the petitioner, learned Additional Chief Standing Counsel appearing for respondent nos.1, 3 and 4, Shri R.K.S. Suryvanshi, learned counsel for respondent no.2 and Shri O.P.M. Tripathi, learned counsel for respondent nos.5 and 6.

(2.) By means of the present writ petition, the petitioner is challenging the selection of respondent no.6 on the post of Lecturer (Civic) treating the same to be filled up by way of direct recruitment, inasmuch as consequential orders passed by the District Inspector of Schools and Committee of Management. It has further been prayed that a writ of Mandamus be issued to the respondents to permit the petitioner on the post of Lecturer (Civics) in the College known as P.L.K.P. Inter College, Kalu Khera, Unnao by way of promotion as the same falls under 50 % promotion quota with effect from session 2001-02 with consequential benefits. It has further been prayed that a writ of Mandamus be issued to respondent nos.4 and 5 to restrain the respondent no.6 from functioning and discharging his duties on the post of Lecturer (Civics).

(3.) Facts of the case are that at Kalu Khera in District Unnao, there is a society registered under Society Registration Act, 1860 which runs and manages as educational institution in the name of P.K.L.P. Inter College. The institution is recognized under the provisions of U.P. Intermediate Education Act, 1921. The provisions of U.P. Highschool and Intermediate (Collage's Payment of Salaries Act of the Teachers and others Employees) Act, 1971, inasmuch as the provisions of U.P. Secondary Education Services Selection Board Act as amended uptodate are applicable to the said institution. It is the case of the petitioner that there are five sanctioned post of Lecturer in the instutition. Shri Chandra Prakash Tiwari, on attaining the age of superannuation retired from the post of Lecturer (Civics) creating a substantive vacancy on the post of Lecturer. In view of the fact that the post which came into existence coming under 50% promotion quota, the Principal of the institution sent papers to the District Inspector of Schools for grant of promotion to place the matter before the Regional Level Committee of the petitioner. The District Inspector of Schools vide letter dtd. 5/7/2003 asked the Manager of the Institution in regard to position of sanctioned post of Lecturer in the college in question. No action whatsoever has been taken on the letter of the District Inspector of Schools by the Committee of Management.