Court No. - 33
Case :- WRIT - A No. - 7358 of 2018 Petitioner :- Punit Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Bhardwaj,Vinay Kumar Upadhyay Counsel for Respondent :- C.S.C.,Satyendra Pandey
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioner; the learned Standing Counsel for the respondents 1, 2 and 3; Sri Ashok Khare, learned senior counsel assisted by Sri Satyendra Pandey, for the respondent no.4; and perused the record.
Considering the nature of the order that is being passed, the learned counsel for the respondents do not pray for time to file counter-affidavit. Therefore, with the consent of the learned counsel for the parties, this petition is being disposed of.
The petitioner claims for appointment on the post of Assistant Teacher under 50% promotion quota in an institution named Bayalsi Inter College Jalalpur, Jaunpur, which is governed by the provisions of U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder.
The grievance of the petitioner is that although the post of Assistant Clerk is liable to be filled by promotion under the 50% promotion quota but the management has arbitrarily advertised the post for being filled by direct recruitment. Accordingly, this petition has been filed with a prayer to quash the advertisement for direct recruitment as also for a direction upon the respondents to appoint the petitioner on the post by way of promotion.
Sri Ashok Khare, who appears for the management, states that the petitioner is not eligible for appointment on the post concerned and, therefore, the management was justified in advertising the post for direct recruitment. He has also also expressed reservations as regards the post being liable to be filled under 50% promotion quota.
However, both the counsels are in agreement that all aspects can be examined by the District Inspector of Schools, Jaunpur before according approval to any appointment made pursuant to the advertisement.
In view of the above, this petition is disposed of by giving liberty to the petitioner to represent his cause before the District Inspector of Schools, Jaunpur by annexing therewith all the relevant documents showing his entitlement/eligibility for appointment on the post concerned. If any such representation is filed along with certified copy of this order, the District Inspector of Schools, Jaunpur shall accord consideration to the same, after calling for response from the respondent no.4. It is made clear that before according approval to the appointment made pursuant to the advertisement issued by the respondent no.4, the objection/claim of the petitioner shall be considered, as above.
With the aforesaid observations/direction, the petition stands disposed of. Order Date :- 29.3.2018/Sunil Kr Tiwari