HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 11761 of 2018 Court No. - 38 HON'BLE DONADI RAMESH, J. 1. Heard Shri Siddharth Khare, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The present writ petition is filed for the following relief:- "i. issue a writ, order or direction in the nature of certiorari quashing the order dated 15.07.2017 passed by the District Inspector of Schools, Etawah (Annexure 10 to the writ petition); ii. issue a writ, order or direction of suitable nature commanding the respondent to produce a copy of the order dated 06.07.2017 passed by the Joint Director of Education, Kanpur Region, Kanpur and to quash the same' iii. A writ order or direction of suitable nature commanding the respondents not to consider the petitioner for promotion as Lecturer in Sociology at Jawahar Inter College, Buapur district- Etawah treating the petitioner as fully eligible for the said vacancy;" 3. The petitioner was appointed in the year 2003 on contract basis and his services were absorbed on permanent basis vide order dated 11.12.2006. When the Lecturer post fell vacant on 30.06.2008 on retirement, the said post ought to be filled by promotion of 50 percent quota and recommending the name of the petitioner the Management has sent proposals. When pending consideration one Rakesh Kumar Chaturvedi who filed Writ Petition No.21033 of 2009 claiming that he is entitled to be considered to the said post, accordingly, as per the directions of this Court in the above said writ petition vide order dated 29.08.2014 the respondents have considered and appointed Rakesh Kumar Chaturvedi, but Rakesh Kumar Chaturvedi has already retired on 30.06.2014 on attaining the age of superannuation. Versus Counsel for Petitioner(s) : Ashok Khare, Sr. Advocate, Siddharth Khare Counsel for Respondent(s) : C.S.C. Geeta Yadav .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) 4. In the said circumstances, the petitioner is the senior-most Assistant Teacher in L.T. Grade, possess requisite qualification and he is eligible for consideration to the said post but suprisingly the respondents have rejected the case of the petitioner vide impugned order dated 06.07.2017 of the Joint Director of Education and the consequential order of District Inspector of Schools dated 15.07.2017. The respondents have rejected the case of the petitioner vide impugned order on the ground that the petitioner is not eligible to be considered to the said post as on the date of vacancy she has not completed five years of experience. 5. Shri Siddharth Khare, learned counsel for the petitioner has contended that the petitioner is eligible for consideration from 30.06.2014, at any cost the petitioner is eligible after retirement of one Rakesh Kumar Chaturvedi on 30.06.2014, by that date the petitioner is fully qualified and eligible as she has completed five years of minimum eligibility criteria as per rules by 30.06.2014. 6. Considering the submissions made by counsel and on perusal of the order, as there is no dispute with regard to eligibility of the petitioner for promotion to the post of Lecturer Sociology by the date 30.06.2014. Though, there is an order in favour of Rakesh Kumar Chaturvedi of this Court in Writ Petition No.21033 of 2009 dated 29.08.2014 holding that the Rakesh Kumar Chaturvedi is eligible for promotion to the said post but he has retired on 30.06.2014, hence the petitioner being the senior-most qualified teacher, the respondents ought to have considered the case of the petitioner from that date onwards. 7. Considering the said submission, the impugned order dated 15.07.2017 is set aside, directing the sixth-respondent to consider the case of the petitioner for promotion the post of Lecturer Sociology and send proposals based on the seniority and qualifications within a period of one month from today. On receipt of proposals from the sixth-respondent, the third and fourth- respondent are directed to consider the same and pass appropriate orders as per the rules, within a period of two months, thereafter. 8. Accordingly, the present writ petition is disposed of. September 10, 2025 AdityaG WRIA No. 11761 of 2018 2 (Donadi Ramesh,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad