Hon’ble P.K.S. Baghel, J.—The petitioner is an Assistant Teacher in an Intermediate College. He has preferred this writ petition for quashing of the order dated 13.4.2010 passed by the District Inspector of Schools, Auraiya, whereby he has issued a direction to the Committee of Management to promote the respondent No. 5, Ram Babu Katheria as a lecturer.

2. The relevant and necessary facts are as follows :

Shri Lukman Singh Tikam Singh Inter College (for short ‘the College’) is a recognised institution. In this college, education is imparted up to the level of Intermediate classes. The provisions of Intermediate Education Act 1921, the regulations framed thereunder, U.P. High School and Intermediate College (payment of salaries of the teachers and other employees) Act, 1971 (for short ‘the Act, 1971’) and U.P. Secondary Education Service Selection Board Act, 1982 are applicable for the teachers and other employees. The affairs of the college are managed by a recognised Committee of Management, the respondent No. 4 herein.

3. The petitioner was initially appointed as an Assistant Teacher in B.T.C. Grade in the year 1974. He earned his promotion as Assistant Teacher in C.T. Grade in the year 1977 and he was further promoted as an Assistant Teacher in L.T. Grade in the year 1987. It is stated that the petitioner’s service record is unblemished. The petitioner possesses the essential qualifications for appointment as a lecturer as he did his graduation, post graduation and Bachelor of Education degrees. The detail of his educational qualification is not necessary as it is not in issue.

4. The core issue which calls for determination is with regard to the applicability of reservation under the promotional quota. It is stated that there are six substantive posts of lecturer in the college. In terms of regulation 5 of Chapter II of the U.P. Intermediate Education Act, the 50 percent of the vacancies have to be filled up through direct recruitment and 50 percent by way of promotion. At present, out of six posts only one post of lecturer (history) is filled up by promotion by one Vijay Pal Yadav. It is stated that one Indrabhan Singh Sengar, who was a lecturer in Sociology, proceeded on medical leave from 6th July, 2001. The petitioner was asked by the Committee of Management and the Principal of the College to take classes of Sociology in Intermediate classes.

5. On 30.6.2006 one Sri Nanhoo Singh Pal, a lecturer in Hindi reached at the age of his superannuation. Thus, a substantive vacancy occurred. As per the roaster, the first post under the promotional quota was to be offered to reserve category candidates, however, no scheduled caste candidate was available, therefore, the Committee of Management sent the requisition to the U.P. Selection Board (for short ‘the Board’) for the recruitment of a lecturer by direct recruitment.

6. In the meantime, Indrabhan Singh Sengar, who was on medical leave, took voluntary retirement. Consequently, the post of lecturer in Sociology fell vacant. Sri Shri Ram Das Dohra was already working as a lecturer who is a scheduled caste candidate under the direct recruitment quota, the petitioner made an application for his promotion under the promotional quota on the post of lecturer in Sociology. The respondent No. 5 herein, who belongs to scheduled caste candidate, also made an application for his promotion under the scheduled castes quota.

The District Inspector of Schools, Auraiya, vide his communication dated 3.2.2010 asked the Committee of Management to send the documents pertaining to respondent No. 5 for his promotion on the said post.

7. The petitioner submitted his representations dated 5.2.2010 and 13.2.2010 drawing the attention of District Inspector of Schools that the first post under the promotional quota was already sent to the Board for the purpose of direct recruitment as no candidate under the scheduled caste category was available at the time when the post of Hindi fell vacant. Ho