Court No. - 18 Case :- WRIT - A No. - 1766 of 2010 Petitioner :- Ajeet Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- S.K. Tyagi Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
Heard Sri S.K. Tyagi, learned counsel for the petitioner and
learned Standing counsel who has accepted notice on behalf of
respondents no. 1 to 4.
Issue notice to respondent no. 5.
Admittedly, the post of lecturer Physics at the institution is to be
filled up by promotion. The petitioner contends that he is qualified
and has 5 years of experience. By the impugned order dated
6.11.2009 passed by the Joint Director of Education, Saharanpur
Region, Saharanpur his candidature has been rejected from
consideration on the ground that he has not put in 5 years of
experience as on the date the post had fallen vacant ie. 20.4.1998.
The contention of the learned counsel for the petitioner is that the
substantive post of lecturer of Physics at the institution had fallen
vacant only on 20.1.2000 when Sunder Lal who was holding the
said post was appointed as Principal of the institution and on the
said date the petitioner had completed 5 years of substantive
service as Assistant Teacher.
Learned Standing counsel prays for and is allowed six weeks time
for filing counter affidavit. Two weeks thereafter are allowed to
the petitioner for filing rejoinder affidavit.
List thereafter.
Order Date :- 19.1.2010
SKS