Neutral Citation No. - 2025:AHC:67514 Court No. - 38 Case :- WRIT - A No. - 20439 of 2017 Petitioner :- Chandreshwar Prakash Narain Singh Respondent :- State Of U.P. And 5 Ors. Counsel for Petitioner :- Adarsh Singh,Anurag Pandey,Indra Raj Singh,Jitendra Kumar,Krishna Kumar Singh Counsel for Respondent :- C.S.C.,Uma Nath Pandey Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the parties. 2. Submission is that the petitioner was appointed in Class-IV post and was working since 17.11.2006. Consequent to vacancy of one assistant clerk (Class-III), as the petitioner is senior most person in Class-IV, he is eligible to be considered for promotion to the post of Class-III. The Principal of the College has forwarded name of the petitioner for promotion to the said post. Based on the said proposal, District Inspector of Schools, Basti, has approved vide order dated 23.04.2016. 3. Subsequently, based on the complaint made by Committee of Management - respondent no.6, District Inspector of Schools has passed impugned order 22.03.2017, cancelling the promotion which was effected on 23.04.2016. The said impugned order has been passed by the 4th respondent only on the ground that the petitioner was promoted to the post of Class-III as the said vacancy was meant for direct recruitment. Once the post is meant for direct recruitment effecting promotion, refusing the petitioner in the said post is contrary to the Government Order dated 03.11.2015. Hence, the 4th respondent issued the said impugned order dated 22.03.2017. 4. Learned counsel appearing for the petitioner has contended there are two posts of assistant clerk and one post of head clerk available in the Institution. As per Rules and also observations made by this Court, while considering promotion, all the posts have to be taken into account. Three posts are taken into account and two posts to be filled up by way of promotion as per Regulation 2 of Chapter III of the Regulations under the U.P. Intermediate Education Act, 1921. Hence, vacant post is only meant for promotion. Therefore, complaint made by Committee of Management is contrary to records. 5. Learned counsel for the petitioner has further contended that once the authority passed an order approving promotion of the petitioner under the Regulations, there is no power available for reviewing such orders. Hence, the impugned order dated 22.03.2017 is contrary to the Rules and also without having any power. 6. In reply to the said contention, learned Standing Counsel for the State-respondents has contended that when the complaint was received from Committee of Management stating therein that the post is meant for direct recruitment, promotion which was effected on 23.04.2016 is contrary to the Government Order dated 03.11.2015. Hence, the said promotional order was cancelled vide impugned order which is in accordance with the Government Order dated 03.11.2015. 7. Learned counsel appearing for the 6th respondent - Committee of Management has supported the contention of the learned counsel for the petitioner. 8. Considering the submissions made by learned counsel for the parties and also perusal of Regulation 2 of Chapter III, it appears, there is no denial that the said post is meant for promotion. Even the State - respondents are also not able to substantiate as to how this post is meant for direct recruitment according to Regulation 2 of Chapter III of the Regulations under the U.P. Intermediate Education Act, 1921. In the said circumstances, when the Committee of Management has stated that the post is meant for promotion, the impugned order which was passed on 22.03.2017 is said to be contrary to records. Accordingly, the same is set aside by directing the respondents to continue the petitioner as per promotional order dated 23.04.2016 and grant all consequential benefits to the petitioner. 9. Consequently, the present writ petition is disposed of. Order Date :- 30.4.2025 rkg (Donadi Ramesh, J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad