In this case, we are concerned with the recruitment to the ministerial Group “C” posts in the subordinate offices in accordance with the Uttar Pradesh Subordinate Offices Ministerial Group “C” Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 (for short, ‘the said Rules’).
Initially, the appellants approached the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow by way of a writ petition under Article 226 of the Constitution of India.
Being aggrieved by the rejection, a writ petition was filed by the appellants before the High Court.
By the impugned judgment, the writ petition was dismissed on the ground that Rule 5 of the said Rules only prescribes the source of recruitment and the criteria and procedure for promotion have been prescribed by Rule 8 of the said Rules.
Also Read: https://newslaw.in/supreme-court/extension-of-benefit-of-doubt-in-criminal-convictions/
The affidavit shall specifically state that how many candidates belonging to category of 15% specified in Rule 5(1) were appointed.
Pursuant to the aforesaid order dated 25 April 2023, an affidavit has been filed by Mr Gaurav Ranjan Srivastava, an Officer of the first respondent–State of U.P. After the year 2015, the Selection Committee was not constituted for granting promotion in respect of the 20% quota as per Rule 5 of the said Rules; and iv.
Therefore, three candidates who hold the qualification of the High School examination and one candidate who holds the qualification of the Intermediate examination can be considered against the said four posts forming part of the 20% quota.
Also Read: https://newslaw.in/supreme-court/vicarious-liability-under-section-34-of-ipc/
Those who are appointed pursuant to this direction shall be treated as promoted on the date on which the order of promotion is issued.
Case Title: RAJENDRA PRASAD Vs. THE STATE OF UTTAR PRADESH THR PRINCIPAL SECRETARY REVENUE DEPARTMENT
Case Number: C.A. No.-005610-005610 / 2023
