Court No. - 58
Case :- WRIT - A No. - 10549 of 2018 Petitioner :- Mamta Rani And 7 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- C.S.C.,Akhilesh Chandra Srivastava,Arun Kumar,Dhananjay Awasthi
Hon'ble Ashwani Kumar Mishra,J.
Petitioners are before this Court with the grievance that respondents are not insisting upon the qualification of TET for promotion to be made to the post of Assistant Master as well as Senior Assistant Mistress of Senior Basic School. Various submissions are raised in support of the petition.
Sri Arun Kumar, learned counsel appearing for the respondent no. 6 raises an objection with regard to maintainability of the writ petition at the instance of present petitioner on the ground that none of them are actually entitled for promotion and, therefore, they have no locus to intervene.
Learned counsel for the petitioners places reliance upon proviso to Rule-5 of Rules of 1981 in order to contend that in the event sufficient number of teachers are not available for promotion, then the post could be filled up by direct recruitment also.
Petitioners are prospective candidates for direct recruitment. They have no right to be considered for promotion. No person, who is affected by the action under challenge has approached this Court. Proviso to Rule-5 may permit direct recruitment in the absence of candidates available for promotion but necessary pleadings in that regard are absent. In such circumstances, petitioners are not shown to have any locus to intervene in the matter. Questions urged are, therefore, not entertained, at their instance.
Writ Petition is consigned to records.
Order Date :- 25.4.2018 n.u.