Court No. - 37
Case :- WRIT - A No. - 11694 of 2019 Petitioner :- Vinay Pratap Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- J.P.N. Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State- respondents.
By means of this writ petition the petitioner has come up to this Court raising a grievance that pursuant to an earlier order passed by this Court in Writ Petition No. 24989 of 2018 filed by one Prem Chandra Ram for being considered for promotion on the post of Lecturer (Hindi) in the Institution, which is an aided Intermediate College, his claim for being promoted as Lecturer (Agriculture) has also been rejected by the authority concerned.
It is submitted that the said order has been passed without affording any opportunity to the petitioner and only upon a report submitted by the Principal.
According to the learned counsel for the petitioner, the Principal has no role to play in promotion or appointment as Lecturer in an aided Intermediate College. That apart, if any order was passed, the petitioner should have been given an opportunity before discarding the claim of the petitioner.
The writ petition is disposed of with the observation that the Committee constituted under Section 12 of Act No.5 of 1982 will consider the claim of the petitioner after giving him due opportunity as a post decisional hearing. The petitioner may make a representation before the said Committee, who will consider the claim of the petitioner and pass appropriate orders in accordance with law, as far as possible, within a period of three months from the date a certified copy of this order is presented before the authority concerned.
Order Date :- 30.7.2019 SKM