Neutral Citation No. - 2025:AHC:78798-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 431 of 2025 Appellant :- Tarique Mohammad Khan Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- J.P. Singh,Sr. Advocate Counsel for Respondent :- C.S.C.,Santosh Kr. Singh Paliwal Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. This appeal arises out of the judgment and order passed by the learned Single Judge on 25.4.2025 wherein facts have been noticed and a direction has been issued to the concerned respondent to consider the claim of the appellant as per Rules and in accordance with law. 2. So far as the operative part of the order is concerned, the appellant may not have any serious objection, but it is urged that neither the facts have been correctly noticed nor appropriate relief which was warranted for such consideration has been granted. 3. It is undisputed that the appellant was appointed as an LT Grade Teacher in English in the Institution concerned which is a minority institution. A post of Lecturer in English is stated to have fallen vacant, against which the claim of the appellant was required to be considered for promotion. The District Inspector of Schools, Azamgarh, (for short 'DIOS'), instead of considering such claim, passed an order on 17.10.2018, recording that there was a solitary post of lecturer against which Officiating Principal, Naseem Ahmad, was already working and, therefore, in the absence of any vacancy, the appellant's claim for promotion could not have been considered. The claim of another person for such promotion on the post of Commerce Lecturer was also rejected. 4. Learned Senior Counsel appearing for the appellant argues that there are two posts of Lecture in English and, therefore, notwithstanding the continuance of Naseem Ahmad, appellant's claim for promotion was liable to be considered. It has also been pointed out that even Naseem Ahmad has superannuated and, as of now, there is no other person except the appellant who is working as Lecturer in English. It is contended that in accordance with the provision of Uttar Pradesh Intermediate Education Act, 1921 and regulations framed therein, the claim of the appellant for promotion is liable to be accorded consideration. 5. Prayer made in the appeal is opposed by Shri Santosh Kumar Srivastava, learned counsel who appears for respondent no.5. 6. So far as respondent no.5 is concerned, he has been promoted on the post of Lecturer in Mathematics. Learned counsel for the appellant fairly states that no relief is being made against respondent No.5 and his promotion on the post of lecturer is otherwise not in question. In that view of the matter, we do not find any ground for respondent No.5 to oppose the claim of the writ petitioner. 7. Considering the fact that claim of the appellant for promotion has not been accorded consideration and relevant facts have not been noticed, we modify the judgment and order passed by the learned Single Judge dated 25.4.2025 and quash the order dated 17.10.2018 passed by the DIOS in so far as the claim of the appellant was rejected therein. 8. The special appeal stands disposed of in terms of the observation made by the learned Single Judge requiring the 2nd respondent to accord fresh consideration to the claim of the appellant for promotion in accordance with law. 9. All factual issues are left open for consideration at the level of authority concerned who will take appropriate decision within a period of two months from the date of presentation of a copy of this order, after affording opportunity of hearing to the Committee of Management and any other person concerned. 10. In case, the claim of the appellant for promotion is accepted by the DIOS, he will also indicate the date from when such benefit is to be given. Order Date :- 13.5.2025 DKS Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad