Neutral Citation No. - 2025:AHC:86548 Court No. - 38 Case :- WRIT - A No. - 54832 of 2013 Petitioner :- Mohd. Fayyaz Respondent :- State Of U.P.And 3 Ors. Counsel for Petitioner :- Faizan Ahmad,S.F.A.Naqvi Counsel for Respondent :- Nipun Singh Hon'ble Donadi Ramesh,J. 1. Heard Sri S.F.A. Naqvi, learned Senior Advocate assisted by Sri Afaq Ahmad and Sri Faizan Ahmad, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. This writ petition is filed challenging the advertisements dated 07.09.2013 and 08.09.2013 issued by the 4th respondent - Institution for filling up of 12 posts. The said advertisements are contrary to Rule 5 of Uttar Pradesh Subordinate Officers Ministerial Group 'C' Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 (hereinafter referred to as "the Rules"). Though the petitioner has been appointed in Group - D post, he is eligible and qualified for consideration in Group - C post. He agitated his claim before the Management since 2010 for his promotion to the vacancies which are available as per Rule 5 of the said Rules. But without considering his representation, the respondents have issued notification for filling up all vacancies by way of direct recruitment. Hence this petition. 3. While considering this petition at admission stage, this Court has passed the following orders on 07.10.2013: "Supplementary affidavit filed today is taken on record. From the facts narrated in the supplementary affidavit it transpires that there are 32 posts in Class III cadre in the institution in question i.e. Lab Assistants, Clerks etc. Out of these 32 posts, 20 posts have been filled up and 12 posts are lying vacant. Out of these 20 working hands only one Class III employee has been promoted from Class IV cadre of the institution. According to learned counsel for the petitioner as 15% of Class III posts are reserved to be filled up by promotion, 5 posts fall in the category of 15% promotional quota. Thus 4 posts are still lying vacant to be filled up by way of promotion. Petitioner claims to be fully qualified and eligible for being promoted to Class III post. He has further submitted that the institution has already advertised 12 posts of Class III category of Lab Assistants and Clerks to be filled up by way of direct recruitment, which will take away the right of the petitioner for being considered for promotion. The matter requires consideration. Learned standing counsel representing State-respondent nos.1 to 3 may file counter affidavit within a month. Issue notice to respondent no.4, returnable within six weeks. Steps may be taken within a week. List on the date mentioned in the notice. In the meantime the selection process as per the advertisement issued by the respondent no.4 shall go on but any appointments made will be subject to final outcome of the writ petition." 4. On instructions, learned Senior Counsel appearing for the petitioner has submitted that selection process has been completed but as of now, there are three vacancies of Group - C available in the Institution. Hence, without going into validity of the advertisement, he requested to dispose of the matter based on Rule 5 of the said Rules. 5. Despite notice has been served, the 4th respondent has not chosen to file any counter affidavit denying the averments made in the writ petition. 6. Considering the submissions made by learned Senior Counsel appearing for the petitioner and fact that availability of vacancy in the Institution, while there is no denial with regard to the vacancy position, the present writ petition is disposed of directing the respondents particularly respondent nos.3 and 4 to initiate process for filling up vacancies of Group - C Post in the 4th respondent - Institution by following Rule 5 of the said Rules that means 15% quota for Group -D employees. If the petitioner comes up and falls under the quota, his case may be considered for promotion and exercise should be completed within a period of three months from the date of receipt of the copy of this order. Order Date :- 22.5.2025 rkg (Donadi Ramesh, J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad