HIGH COURT OF UTTARANCHAL AT- NAINITAL Writ Petition no. 316 (S/S) 2004 Balram Prasad S/o Sri R.R. Prasad, Assistant Teacher in Science/ Mathematics, H.N. Inter College, Haldwani, District Nainital. ….Petitioner. Vs. 1. Committee of Management, H.N. Inter College, Haldwani Distt. Nainital, through its Manager, 2. District Education Officer (D.I.O.S.), Nainital, 3. Joint Director of Education, Kumaun Division, Nainital. ….Respondents. Sri C.D. Bahuguna, Advocate for the petitioner, Learned Standing Counsel, for respondents. Hon’ble M.M. Ghildiyal, J.: This is a petition under Article 226 of the Constitution of India with a prayer to command the Joint Director of Education, Kumaun Division, Nainital to pass appropriate order on the representation of the petitioner dated 17.03.2004 (annexure-9 to the writ petition). The petitioner has submitted that he was appointed as L.T. grade teacher in Science/Mathematics subject in H.N. Inter College, Haldwani, Nainital on 24.11.1992. The educational qualification of the petitioner is M.Sc. (Mathematics) and B.Ed. The petitioner has completed five years continuous service as L.T. grade teacher in the year 1997 and, as such, he is entitled to be considered for promotion to the post of Lecturer in Mathematics. The posts of Lecturer are still lying vacant in the college. The contention of the petitioner is that though he has moved a representation before the Committee of Management, but the Committee of Management has not forwarded the same under the Rule 14 of the U.P. Secondary Education Service Selection and Board Rules, 1998. He has confined his prayer to the extent that the respondent may be directed to decide his representation regarding the promotion to the post of Lecturer (Mathematics) in accordance with law. 2 The prayer is innocuous. The Committee of Management is directed to forward the representation of the petitioner to the District Education Officer, Nainital within a period of two weeks from the date of receipt of certified copy of this order. In case, the post of Lecture (Mathematics) is lying vacant, the District Education Officer, Nainital. shall forward the same to the Joint Director of Education, Kumaun Division, Nainital within tow weeks. The Joint Director of Education shall decide the matter in accordance with law within a period of three weeks from the date of receipt of representation forwarded by the District Education Officer, Nainital. With these directions, the writ petition is disposed of finally. Sd/- April 2,2004: NCM: