RADHEY SHYAM SINGH IIND MAHABIR SINGH Vs. DIRECTOR OF EDUCATION JOINT DIRECTOR OF EDUCATION DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Heard Sri K.C. Vishwakarma, learned counsel for the petitioner and learned standing counsel.

(2.) Briefly stated the facts of this case are that Chhatrapati Shivaji Inter College, Khajuraul, District Mirzapur, is an aided and recognised intermediate college. The petitioner belongs to the reserved category (Other Backward Class). He was appointed in the institution as a LT grade teacher on 1.10.1974. A vacancy was caused in the lecturer's grade in History on the superannuation of Shri Samsuddin. The petitioner being the senior most teacher was considered for promotion in the 50% quota reserved in the lecturer's grade. On 9.3.2002 a resolution in this regard was passed by the Committee of Management and was sent for approval. The District Inspector of Schools, Mirzapur returned the resolution on the ground that there are six sanctioned posts of lecturers in the institution out of which three posts are filled up by direct recruitment, and that only one post in promotion quota is vacant to be filled up from amongst the reserved category candidate and that according to policy of the reservation the unfilled vacancy has to be allotted only to the reserved category (SC/ST) candidate.

(3.) Learned counsel for the petitioner has challenged the order on the ground that rules of reservation are not applicable in promotion, to the post of lecturer in intermediate colleges. He has relied upon a judgement of this Court in Asha Jaiswal (Smt.) v. Joint Director of Education, Varanasi 2004 2 UPLBEC 1837 in which it was held that the State Government has not taken any decision to enforce reservation in promotions in recognised Intermediate Colleges.