Court No. - 18 Case :- WRIT - A No. - 42162 of 2010 Petitioner :- Jwala Prasad Respondent :- State Of U.P. And Others Petitioner Counsel :- R. C. Dwivedi Respondent Counsel :- C. S. C. Hon'ble Arun Tandon,J.
Heard Sri R.C. Dwivedi, learned counsel for the petitioner and learned
Standing Counsel for the State-respondents.
It is stated that the vacancy on the post of Lecturer (English) is within the
promotion quota and respodnent-Committee of Management has illegally
recommended the name of respondent no.6 for promotion on the said post
ignoring the claim of the petitioner, who is qualified and is senior to
respodnent no.6.
In the opinion of the Court the present writ petition is premature, inasmuch as
under Rule 14 of the U.P. Secondary Education Services Selection Board
Rules, 1998, it is the Regional Level Committee, which has power to consider
the matter of promotion and Committee of Management is obliged to transmit
the records of all eligible candidates. Resolution of the Committee of
Management is only a recommendation.
However, the petitioner is at liberty to make a representation before the
Regional Level Committee, who shall consider the same before approving
the promotion.
The present writ petition is disposed of subject to the observations made
above.
(Arun Tandon, J.)
Order Date :- 21.7.2010
Sushil/-