IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL WRTI PETITION NO: 291 OF 2006 (S/S) Jaipal Singh, S/o Shri Ram Singh, R/o 226, Ambadkar Nagar, Jawalapur, District Haridwar (Uttaranchal) -----Petitioner Versus 1 State of Uttaranchal through Secretary Education Dehradun. 2 Joint Education Director, Garhwal Mandal, Pori (Uttaranchal) 3- District Inspector of School, Haridwar. 4-Jawalapur Inter College Jawalapur Haridwari through Committee of Management. 5-Principal Jawalapur Inter College Jawalapur Haridwar. 6- Rajeev Kumar, Lecturer Jawalapur, Inter College, Jawalapur, Haridwar. -----Respondents Sri Nagesh Aggarwal, Advo, learned counsel for petitioner. Learned Standing Counsel for respondents. Dated : March 6, 2006. HON’BLE RAJESH TANDON, J. Heard Sri Nagesh Aggarwal, counsel for the petitioner and learned Standing counsel for the respondents. Both the parties have submitted that the writ petition may be disposed at the admission stage. By the present writ petition the petitioner has prayed for a writ of certiorari quashing the order dated 29.11.2005. Further prayer has been made in the nature of mandamus commanding the respondents to notify both the vacancies, i.e. post of lecturer (history) -2- and post of lecturer (economics) jointly and fill them strictly in accordance with the U.P. Secondary Education Services Selection Board Rules, 1998 framed under the Uttar Pradesh Secondary Education Services Selection Board Act, 1982. Briefly stated, the petitioner was appointed directly as Assistant Teacher (Drawing/Sanskrit) in L.T. grade on 16th July, 1990 and he was confirmed on 06.08.1993. According to him he belonged to schedule caste and his educational qualification M.A. (Economics), B.Ed. According to the petitioner 10 posts of Lecturers have been sanctioned in Jawalapur Inter College, out of which five posts are fulfilled directly and the rest 5 posts are to be fulfilled through promotion amongst the Assistant teachers in accordance with provision of Section 10 of U.P. Intermediate Education Service Selection Board Rules 1998. The grievance of the petitioner is that the Management Committee in gross violation of the Government Order sent the proposal of promotion of one Sri Rajeev Kumar, respondent no.6 on the said vacancy although he was not eligible and qualified for -3- the said post, as he has not completed five years continuous service in the said institution and also not trained postgraduate. Further grievance of the petitioner is that the post of lecturer (economics) also fell vacant on 30.06.2005 due to retirement of one lecturer Sri Sushil Chand Mittal and the petitioner is a claimant for the said post. The petitioner has submitted that on 29.11.2005 Sri Rajeev Kumar has been promoted on the post of lecturer whereas the petitioner has not been considered for promotion and, ass such, the grievance of the petitioner is that he may also be considered for promotion under the promotional quota. The petitioner has already made a representation on 01.07.2005. The grievance of the petitioner is that the same has not been considered. The respondent No.2 Joint Education Director, Garhwal Mandal Pauri (Uttaranchal) is, therefore, directed to consider the representation of the petitioner in accordance with law after filing the certified copy of the order within two months. -4- Subject to aforesaid observations, the writ petition is disposed of. No order as to costs. (Rajesh Tandon, J) 06.03.2006. Negi.