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AJIT KUMAR
Seema Nagar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ajit Kumar, J.
1. Heard Sri Gulrez Khan, learned counsel for the petitioner, Sri Bheem Singh, learned counsel appearing on behalf of Committee of Management and learned Standing Counsel for the State-respondents.
2. Petitioner before this Court is working as Assistant Teacher in L.T. grade in the institution and claims that she is entitled to be promoted as lecturer Economics within 50% quota as prescribed for under Rule-10 of the U.P. Secondary Education Services Selection Board Rules, 1998 (for short 1998 rules') read with relevant regulations as contained under Chapter-II of Intermediate Education Act, 1921.
3. Learned counsel for the petitioner submits that there are five sanctioned posts of lecturer in the institution in the subject of Home Science, Hindi, English, Political Science and Economics. He further submits that there are two lecturers working in the institution on direct recruitment basis as lecturer Home Science and lecturer Hindi. The post in question, i.e., lecturer Economics fell vacant on 16.7.2019 and, accordingly, in view of Rule 10 of the 1998 rules, petitioner deserved to be considered for promotion. However, within three days, the Committee of Manage
The court established that promotion rights under the U.P. Secondary Education Services Selection Board Rules must be honored, and direct recruitment cannot bypass eligible candidates for promotion.
The court established that promotion and direct recruitment must be treated separately under the applicable rules, ensuring eligible candidates are considered for promotion before any direct recruitm....
Point of law: It is the duty of the Committee of Management to determine that whether the vacancy belongs to 50% promotion quota or 50% direct recruitment.
Point of law: Administrative instructions - Though there is no specific mention with regard to applicability of roster as prescribed in Chapter XIII of Handbook on Personnel Matters in the Rules 2006....
Point of law: Filling of vacancy - In case the vacancy now available is again filled by promotee candidate, the discrimination already meted to direct recruits shall be perpetuated. On the other hand....
Post of Clerk – Selection process - Appointment of petitioner/respondent, if allowed, will amount allowing a person to be appointed without following procedure of law as selection process of petition....
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