MANOJ KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner has filed present writ petition, requesting therein that appropriate action be taken in respect of according promotion to the petitioner on the post of Lecturer (Chemistry) at Budha Intermediate College, Kushinagar. Brief background of the case is that one Ram Adhar Singh, who had been functioning on the post of Lecturer (Chemistry) in the institution in question, attained the age of superannuation on 30. 06. 19997, giving rise to substantive vacancy in the said post. Petitioner was appointed as Assistant Teacher in the institution on 03. 09. 2003. He claims that for the post in question as on date he fulfils the minimum requisite eligibility criteria, as such requisite resolution be passed qua his promotion. In order to consider the claim of petitioner Rule 14 of the U. P. Secondary Education Service Selection Board Rules, 1998 is to be looked into and for ready reference same is being quoted below: As per the Rules quoted above, in case the post in question falls within fifty per cent quota meant for promotion, then on the first day of the year of recruitment, names of all the eligible candidates have to be recommended for being considered for promotion by the Selection Committee constituted under Section 12 of U. P. Act No. 5 of 1982. In the present case eligibility criteria has to be seen on the date of the first year of recruitment which in the present case is 01. 07. 1997. Admittedly, on the said date, petitioner was not at all teacher in the institution, as such against the vacancy in question, claim of petitioner cannot be considered. Writ petition lacks substance and the same is dismissed. .