IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL. Writ Petition No. 1019 (S/S) of 2005 Adish Kumar Jain, Son of Sri Om Prakash Jain, Resident of Hosiyar Singh Budhumal Jain Baleeka Inter College, Vikas Nagar, Dehradun. ……Petitioner. V e r s u s. 1. Principal HSBM Jain Inter Collge, Vikas Nagar, Dehradun. 2. Manager, Committee of Management, HSBM Jain Girls Inter College, Vikas Nagar, Dehradun. 3. District Inspector of School, Dehradun. 4. Anil Kumar Jain, as a Watchman HSBM Jain, Inter College, Vikas Nagar, Dehradun. …….Respondents. Hon’ble M.M. Ghildiyal, J.: Heard Sri S.S. Yadav, learned counsel for the petitioner and learned Standing Counsel, who has accepted notice on behalf of respondent no. 3. Learned counsel for the both the parties are agreed to decide the writ petition at its admission stage itself. By means of this petition the petitioner has prayed to issue a writ in the nature of Certiorari quashing the proposal orders dated 30.07.2004 and 30.3.2004 (contained in Annexure Nos. 4 and 5 to the writ petition) by which the Committee of Management has proposed to promote the respondent no. 4- Sri Anil Kumar Jain, on the post of Assistant Clerk under 50% quota. The proposal for promotion of respondent no. 4 on the Post of Assistant Clerk is pending before the District Inspector of School, Dehradun. The Committee of Management, while making the proposal of promotion of respondent no. 4 on the post of Assistant Clerk, has held that petitioner is senior most but he does not have minimum qualification for promotion on the post of Assistant Clerk in the Institution. Learned counsel for the petitioner has submitted that petitioner has already passed Visharad from Hindi Sahitya Sammelan, Prayag, Allahabad and degree of Visharad, as has been declared by the Central Government, is equivalent to B.A. and as such, petitioner is fully qualified to be promoted on the post of Assistant Clerk. There is another ground for rejection of petitioner’s promotion by the Committee of Management that the performance of the petitioner as daftari is not good Learned counsel for the petitioner has submitted that petitioner has never been communicated any such adverse entry and his performance as daftary is upto the mark. Considering all these facts as stated above, I think it is just and proper to direct the District Inspector of School, Dehradun, to consider the representation of the petitioner dated 7th July, 2005 pending before him before granting approval to the promotion of respondent no. 4 – Sri Anil Kumar Jain, on the post of Assistant Clerk as recommended by Committee of Management. With this direction, the writ petition is finally disposed of. (M.M. Ghildiyal, J.) July 25, 2005 SKSharma Review App. No. 51/05 Review App. 6564/05 IN W.P. No. 1019 of 2005 (S/S) Hon’ Prafulla C. Pant, J. These are Applications No. 51 of 2005 and Application No. 6564 of 2005, moved on behalf of review applicants / respondent Nos. 1 and 2, seeking review of order dated 25.07.2005, passed by this Court, in Writ Petition No. 1019 (S/S) of 2005, whereby certain directions were issued to the respondents. Heard learned counsel for the review applicants. It is argued that order dated 25.07.2005, passed in Writ Petition No. 1019 (S/S) of 2005 is obtained after concealing the fact that the same petitioner namely Adish Kumar Jain earlier filed Writ Petition No. 380 (S/S) of 2004 on 12.04.2004, which is still pending in this Court. Having heard learned counsel for the review applicants and after perusing the record of Writ Petition No. 380 (S/S) of 2004, the argument advanced by learned counsel for the review applicants representing respondent Nos. 1 and 2 in the Writ Petition No. 1019 (S/S) of 2005, appears correct. The order dated 25.07.2005, passed by this Court is hereby recalled, as the same is obtained after concealing the fact from the Court. The writ petition No. 1019 (S/S) of 2005 is dismissed as not maintainable. (Review Application No. 51 of 2005 as well as Review Application No. 6564 of 2005 both stand dismissed, accordingly). (P.C.P.,J.) 20.02.2008 HN