Court No. - 37
Case :- WRIT - A No. - 11771 of 2019 Petitioner :- Amit Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- J.P.N. Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Heard Sri J.P.N.Singh, learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents.
By means of this writ petition the petitioner claims that he was selected pursuant to selection process on Class-III Post in an aided Intermediate College which is governed by the provisions of U.P. Intermediate Education Act, 1921 (in short the Act).
It is submitted that there is only one post of Class-
III in the Institution and none of the Class-IV employees are eligible for being considered for promotion on Class-III Post as they do not have the certificate in typing as well as Triple-C Certificate but the District Inspector of Schools has not passed any order on account of the fact that the Director of Education (Secondary) by its order 3.6.2019 has stayed the selection for unforeseeable reason In similar circumstances, various writ petition have been filed before this Court and the same have been allowed, one writ petition being Writ Petition No.9953 of 2019 (C/M Sri Lakha Inter College, Mathura Vs. State of U.P.and others).
The writ petition is disposed of with the direction to the District Inspector of Schools that he will ignore the order of the Director of Education (Secondary) but only after verifying the record of other eligible candidates of Class-IV Post for being considered for promotion on Class-III Post. The said decision shall be taken by the DIOS, in accordance with law, as far as possible, within a period of two months from the date a certified copy of this order is presented before the authority concerned.
Order Date :- 30.7.2019/SKM