ASHOK BISEN Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants, five in number, have preferred this intra- Court appeal under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth ko Appeal) Adhiniyam, 2005 (for brevity 'the Act') calling in question the pregnability of the order dated 23-1-2007 passed by the learned Single Judge in w. P. No. 13273/2003.

(2.) THE facts which are imperative to be expo sited are that the appellants/petitioners are working as Science Teachers in the Tribal (Education department ). They had knocked at the doors of the M. P. Administrative tribunal (in short 'the Tribunal') in O. A. No. 60/1999 for grant of relief of promotion to the posts of Upper Division Teachers on many a ground- After abolition of the Tribunal by operation of law the matter stood transferred to this court and was registered as a writ petition.

(3.) IT was contended in the writ petition that a writ of mandamus be issued to the respondents to promote the appellants against 50% quota in science subject. The said claim was founded on the anvil of the Circular dated 20-1-1987 issued by the State Government. It is noteworthy to mention that the said circular has been brought on record as Annexure A-2. It was contended before the learned Single Judge that on the basis of the said circular, certain incumbents had been extended the benefit of promotion and hence, they were entitled to be treated at par with the said teachers. To bolster the aforesaid stand, reliance was placed on Indraveer Singh Tomar Vs. State of M. P. and others, 2004 (2) M. P. H. T. 3 (NOC ).