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2025 DAILYLAW 56097 (ALL)

TARIQUE MOHAMMAD KHAN v. STATE OF U.P. AND 4 OTHERS

WRIA/24816/2018 · 2025-04-24

Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63533 Court No. - 38 Case :- WRIT - A No. - 24816 of 2018 Petitioner :- Tarique Mohammad Khan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashok Khare, Sr. Advocate,J.P. Singh Counsel for Respondent :- C.S.C.,Santosh Kr. Singh Paliwal Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the parties. 2. The writ petition is filed for the following reliefs: (i) to issue a writ, order or direction in the nature of certiorari quashing the order impugned dated 17.10.2018 passed by the District Inspector of Schools, Azamgarh (copy enclosed as Annexure No.12 to this petition) approving Management's decision to promote respondent nos.4 and 5 as Lecturer and not to promote the petitioner on the ground that there is only one post of Lecturer (English) and the said post is being occupied by the officiating Principal of the College; (ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents to ensure that petitioner is being promoted as Lecturer (English) before according promotion to any other Assistant Teacher as Lecturer on the posts which have fallen vacant later on; (iii) to issue a writ, order or direction in the nature of mandamus commanding the respondents to ensure that the petitioner's claim for promotion as Lecturer (English) within 50% promotion quota is considered within the time to be specified by the Hon'ble Court." 3. While the issue is pending before this Court, learned counsel for the petitioner has brought to the notice of this Court, the order passed by respondent no.2 on 07.06.2022 approving proposal sent by Management of the Institution dated 14.11.2021 permitting Abdul Mabood, Zeeshan Alam and Abulas Ahmad as lecturers (Psychology, History and Chemistry), respectively. 4. Learned counsel for the petitioner has further submitted that in the said proposal along with these three persons, name of the petitioner was also recommended for post of lecturer in English but for reason of pendency of this petition, his name was not considered for approval. 5. The said aspect of the matter is not opposed by learned Standing Counsel for the State-respondents as proposal for promotion to the post of lecturer in English was sent on 14.11.2021 which is pending before District Inspector of Schools, Azamgarh. 6. Without going into merits of the case, the present writ petition is disposed of with the direction upon respondents more specifically 2nd respondent to consider the case of the petitioner as per Rules and pass appropriate order within a period of six weeks from the date of receipt of copy of this order. The decision taken by 2nd respondent shall be communicated to the petitioner thereafter. Order Date :- 25.4.2025 rkg (Donadi Ramesh, J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad