LAWS(ALL)-2008-2-261

BRIJ KISHORE TRIPATHI Vs. STATE OF U P

Decided On February 29, 2008
BRIJ KISHORE TRIPATHI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THE list has been revised. Learned Counsel for the respondent No. 7 is not present.

(2.) HEARD Sri Ashok Khare, learned Counsel appearing for the petitioner, assisted by Shri Sunil Kumar Srivastava, learned Standing Counsel appearing for respondent Nos. 1, 3, 4 and 5 and Shri A. K. Yadav, learned Counsel for respondent No. 2.

(3.) IN the institution known as Chacha Nehru Smarak Inter College, govind Nagar, Kanpur Nagar, there are six sanctioned posts of lecturers, and admittedly, five posts have already been filled up by direct recruitment. The sixth post was obviously required to be filled up by promotion in the promotion quota, which became vacant on 30th June, 2000, but the vacancy was intimated to the Selection Board by the District Inspector of Schools on 30th December, 2005. The Selection Board pursuant to the advertisement of 2004 had directed the Committee of Management of this institution to appoint respondent No. 7 as a Lecture in Hindi. The petitioner, being aggrieved by the aforesaid decision, filed a writ petition which was disposed of with a direction to the Joint director of Education to decide the matter.