Point of Law: There are two options open to Inspector (i) he can ask Management to send the information and (ii) in case it does not send, he can forward the name of the eligible candidates to the Committee.

JUDGMENT :

(Irshad Ali, J.)

1. Heard Shri Sanjay Kumar, learned counsel for the petitioner, learned Additional Chief Standing Counsel appearing for respondent nos.1, 3 and 4, Shri R.K.S. Suryvanshi, learned counsel for respondent no.2 and Shri O.P.M. Tripathi, learned counsel for respondent nos.5 and 6.

2. By means of the present writ petition, the petitioner is challenging the selection of respondent no.6 on the post of Lecturer (Civic) treating the same to be filled up by way of direct recruitment, inasmuch as consequential orders passed by the District Inspector of Schools and Committee of Management. It has further been prayed that a writ of Mandamus be issued to the respondents to permit the petitioner on the post of Lecturer (Civics) in the College known as P.L.K.P. Inter College, Kalu Khera, Unnao by way of promotion as the same falls under 50 % promotion quota with effect from session 2001-02 with consequential benefits. It has further been prayed that a writ of Mandamus be issued to respondent nos.4 and 5 to restrain the respondent no.6 from functioning and discharging his duties on the post of Lecturer (Civics).

3. Facts of the case are that at Kalu Khera in District Unnao, there is a society registered under Society Registration Act, 1860 which runs and manages as educational institution in the name of P.K.L.P. Inter College. The institution is recognized under the provisions of U.P. Intermediate Education Act, 1921. The provisions of U.P. Highschool and Intermediate (Collage’s Payment of Salaries Act of the Teachers and others Employees) Act, 1971, inasmuch as the provisions of U.P. Secondary Education Services Selection Board Act as amended up-to-date are applicable to the said institution.

It is the case of the petitioner that there are five sanctioned post of Lecturer in the instutition. Shri Chandra Prakash Tiwari, on attaining the age of superannuation retired from the post of Lecturer (Civics) creating a substantive vacancy on the post of Lecturer. In view of the fact that the post which came into existence coming under 50% promotion quota, the Principal of the institution sent papers to the District Inspector of Schools for grant of promotion to place the matter before the Regional Level Committee of the petitioner. The District Inspector of Schools vide letter dated 5.7.2003 asked the Manager of the Institution in regard to position of sanctioned post of Lecturer in the college in question. No action whatsoever has been taken on the letter of the District Inspector of Schools by the Committee of Management.

The Principal of the institution vide letter dated 3.1.2005 sent information to the effect that in the college there are five sanctioned post of Lecturer and further the post of Lecturer (Civics) which has fallen vacant is to be filled up by way of promotion by promoting the petitioner.

The Manager of the College has sent a letter to the D.I.O.S. along with relevant documents as required for the purposes of promoting the petitioner to the post of Lecturer (Civics) as the same is to be filled in by way of promotion under promotional quota post.

Vide order dated 19.1.2005, the D.I.O.S., Unnao had granted the selection grade to the petitioner on the post of Assistant Teacher, L.T. Grade. When no action was taken by the D.I.O.S. in the matter of the petitioner for the grant of promotion then the petitioner filed a representation to the D.I.O.S. praying that the petitioner’s promotion on the post of Lecturer (Civics) may be kindly considered and necessary order be passed, failing which the present writ petition has been filed challenging the selection and appointment of respondent no.6 by way of direct recruitment.

4. Submission of learned counsel for the petitioner is that the post of Lecturer in Civics comes under 50% promotional quota and it is statutory binding, effect upon the Committee of Management, District Inspector of Schools, Regional Level Selection Committee to fill up the vacancy by granting pro