VIJENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) VIJENDRA Kumar has filed present writ petition, requesting therein that a writ of mandamus be issued commanding the respondents to consider his claim for promotion on the post of lecturer in English by treating the post in question as reserved for Scheduled Caste category candidate. In the district of Ghaziabad, there is a recognized institution known as M. M. H. V. Inter College, Ghaziabad, the affairs of which are being run and managed as per the provisions as contained under U. P. Act No. 2 of 1921. The institution in question on grant-in-aid list of the State Government, as such the provisions of U. P. Act No. 24 of 1971 are fully applicable to the said institution. Selection and appointment, including promotion, on the posts of Principal, Lecturers and Assistant Teachers in L. T. Grade is done strictly in consonance with the provisions as contained under U. P. Act No. V of 1982 read with U. P. Secondary Education Service Selection Board Rules, 1998. In the institution concerned, the petitioner had been appointed as L. T. Grade Teacher on 7th August, 2003, and since then he claims to have been performing and discharging duties as such. In the said institution on 30. 06. 2008, the post of Lecturer in English fell vacant, against which petitioner claims that he is entitled to be promoted by granting relaxation in educational qualification in terms of Government Order dated 26. 06. 2003. Staking such a claim present writ petition has been filed before this Court.

(2.) SRI Pradeep Pandey, learned counsel representing the petitioner, contended with vehemence that petitioner, being Scheduled Caste candidate, is entitled to be promoted on the post in question by granting relaxation in education qualification in terms of Government Order dated 26. 06. 2003.

(3.) COUNTERING the said submission, learned Standing Counsel, on the other hand, contended that since petitioner did not fulfill requisite eligibility criteria as provided for under Rule 14 of the U. P. Secondary Education Service Selection Board Rules, 1998 as on the first day of the year of recruitment, he was not having to his credit five years continuous regular service as L. T. Grade teacher on 01. 07. 2008, which is the first day of the year of recruitment and there being no provision of relaxation under U. P. Secondary Education Service Selection Board Rules, 1998, he cannot be promoted to the post of lecturer in English. Learned Standing counsel further submits that the Government Order being relied upon by the petitioner is in reference to promotion to the post of Lecturers in Government Inter Colleges, which are governed by separate statutory Rules, as such writ petition deserves to be dismissed.