Court No. - 18 Case :- WRIT - A No. - 41650 of 2010 Petitioner :- Chandan Lal Dwivedi Respondent :- State Of U.P. And Others Petitioner Counsel :- Santosh Kumar Tripathi Respondent Counsel :- C.S.C.,A.K.Mehrotra Hon'ble Arun Tandon,J.
Petitioner has already filed Writ Petition No. 50979 of 2007 claiming therein
that the advertisement of the vacancy qua the post of Lecturer Civics in Obra
Intermediate College, Obra for direct recruitment is illegal, inasmuch as
vacancy is to be filled by promotion within 50% quota. In the said writ
petition an interim order has been granted on 24.10.2007 providing that no
selection shall be made on the post of Lecturer Civics in pursuance to the
advertisement dated 17.09.2007. The writ petition is still pending.
By means of this petition the petitioner seeks consideration of his claim for
promotion against the same post.
I am of the considered opinion that the issue, as to whether the vacancy is
within direct recruitment quota or for promotion, is to be finally adjudicated
by this Court in Writ Petition No. 50979 of 2007, filed by the petitioner
himself, and therefore he cannot be permitted to seek a mandamus for the post
being filled by promotion by means of a separate petition. He may make an
application, if so advised, in his pending writ petition.
Writ petition is dismissed with the observation made above.
Order Date :- 20.7.2010
Pkb/