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Kamla Kant Dwivedi v. The Regional Selection Committee Thru' Joint Director - WRIT - A No. 13018 of 2003  RD-AH 1707 (20 July 2005)
Court No. 32
Civil Misc. Writ Petition No. 13018 of 2003
Kamla Kant Dwivedi V. The Regional Selection Committee
Hon'ble Vikram Nath J.
Heard learned counsel for the parties.
This petition was filed with a prayer to quash the order dated 13.2.2003 passed by the District Inspector of Schools, Allahabad (Annexure-5 to the petition) whereby the papers relating to promotion of the petitioner on the post of lecturer(Sanskrit) were returned and the management was directed to take steps for filling up the said post by direct recruitment on the ground that there was no teacher of Schedule Caste category appointed by promotion in the lecturer grade. The other prayer made was for a direction to the Regional Selection Committee (respondent no.1) to consider the case of the petitioner for promotion in accordance with law.
Counter affidavit has been filed by Sri S.P. Patel, Asstt. DIOS, Allahabad. In paragraph 9 of the counter affidavit it has been stated that after the order dated 13.2.2003 was passed the Management represented and clarified the position with regard to the teachers working on promotion and direct recruitment on the post of lecturer in the Institution and pursuant to the said representation, the decision was reviewed by the DIOS and it was decided to forward the papers relating to promotion of the petitioner to the Regional Selection Committee. In paragraphs 5 and 7 of the counter affidavit it has been stated that the papers relating to promotion of the petitioner on the post of lecturer(Sanskrit) has already been forwarded to the Regional Selection Committee by letter of the DIOS dated 27.10.2004 and the matter is pending before Regional Selection Committee.
In view of the facts stated above, the first prayer sought in the petition already stands granted to the petitioner by the respondents. However, with regard to the second prayer, as the matter is pending before the Regional Selection Committee Allahabad for the last nine months, it would be appropriate to issue a direction to the Regional Selection Committee Allahabad to take an early decision with regard to the promotion of the petitioner is pending before it, in accordance with law within a period of two months from the date of production of certified copy of this order.
With the aforesaid direction, the writ petition is disposed off.
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