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2018 Supreme(UK) 411

K.M.JOSEPH, SHARAD KUMAR SHARMA
BABITA DHASMANA – Appellant
Versus
DIRECTOR SCHOOL EDUCATION UTTARAKHAND – Respondent


Advocates:
For the Appellant :Mr. B.D. Upadhyay, Sr. Adv. assisted by Mr. Ajay Singh Bisht, Advocate
For the Respondents: Mr. Alok Mahra, Adv. and Mr. Vikas Pandey, Standing Counsel
AND Special Appeal No. 530 of 2018
For the Appellant :Mr. C.K. Sharma, Advocate
For the Respondents:Mr. B.D. Upadhyay, Sr. Adv. assisted by Mr. Ajay Singh Bisht, Advocate, Mr. Alok Mahra, Adv. and Mr. Vikas Pandey, Standing Counsel

JUDGMENT

K.M. Joseph, C.J. (Oral)

These two Appeals arise from the common judgment rendered in Writ Petition No. 2194 of 2017 (S/S). Appeal No. 530 of 2018 has been lodged by the 5th respondent Committee of Management of Mangla Devi Inter College (hereinafter referred to as the College); whereas the other Appeal has been filed by respondent no. 6 in the writ petition. The writ petition was filed claiming the relief of quashing the order dated 17.07.2017 passed by the second respondent Additional Director School Education. Further relief sought was to consider and promote the writ petitioner to the post of Lecturer (Sociology) against the vacancy available in promotion quota, which is lying vacant from 01.04.2015. In the College, there are six sanctioned posts of lecturers. According to the writ petitioner, three posts out of the said posts are to be filled up by promotion and rest three posts are to be filled up by direct recruitment. We are concerned with the post of Lecturer (Sociology). According to the writ petitioner, this post is earmarked to be filled up by promotion quota. One Rishi Pal Sharma, who was earlier serving as a Lecturer (Sociology) retired on 31.03.2015. It is, ac

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