RAKESH KUMAR CHATURVEDI Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner has preferred this writ petition for issuance of a writ of certiorari quashing the order dated 17th January, 2009 passed by the Regional Level Committee whereby petitioner's claim for promotion on the post of Lecturer in Sociology in the institution in question has been rejected on the ground that in the institution there are five sanctioned posts, out of which against two posts the teachers have been appointed by direct recruitment and against three posts of promotional quota, only two posts are vacant.

(2.) THE essential facts are that Sri Jawahar Lal Nehru Inter College, Buapur, District Etawah (for short, the "Institution") is a recognised and aided institution. The provisions of the U.P. Intermediate Education Act, 1921, Uttar Pradesh Secondary Education (Services Selection Board) Act, 1982 and Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of the Teachers and other Employees) Act, 1971 are applicable to the Institution. The post of Lecturer in Sociology fell vacant on 30th June, 2008 on account of retirement of one Sri Ram Nazar Yadav and a vacancy also occurred on the post of Lecturer in Hindi on 01st October, 2008 on account of voluntary retirement of one Sri Hari Murari Chaudhary. The petitioner claimed his promotion as Lecturer in Sociology. When his claim for promotion was not considered, he preferred Civil Misc. Writ Petition No. 59526 of 2008 (R.K. Chaturvedi v. State of U.P. and others), which was disposed of by this Court on 19th November, 2008 with a direction to the Joint Director of Education to consider the cause of the petitioner and pass appropriate order.

(3.) IN furtherance thereof, the Regional Level Committee has rejected the claim of the petitioner by the impugned order.