JUDGMENT Devendra Kumar Upadhyaya,J. Heard learned counsel for the petitioner and Shri R.K.S. Suryvanshi, learned counsel appearing for U.P. Secondary Education Service Selection Board. The petitioner is working on the post of Assistant Teacher, L.T. Grade, in Bhartiya Vidyalaya Inter College, Utraula, Balrampur and has laid his claim for promotion to the post of Lecturer in Civics, which according to learned counsel for the petitioner, is lying vacant in the institution and falls within 50% quota meant for being filled in by way of making promotion. It has been stated by the learned counsel for the petitioner that there are nine posts of Lecturers in the institution, out of which four are to be filled in by way of making promotion. Out of these four posts for promotees, at present, two posts are being occupied and rest two are vacant. He has further stated that these two posts which are vacant to be filled in by way of making promotion, are the posts of (i) Lecturer in English and (ii) Lecturer in Civics. Learned counsel for the petitioner has further stated that so far as the promotion to the post of Lecturer in English is concerned, one Shri Mohd. Islam has laid his claim and in writ petition filed by him, namely, Writ Petition No.28372 (S/S) of 2016, this Court has issued directions in its judgment and order dated 16.12.2016. The petitioner's submission is that the post of Lecturer in Civics fell vacant on 30.06.2012 on retirement of the regular incumbent working in the institution and the petitioner fulfills the criteria of being considered for promotion to such post, however, his case is not being recommended and forwarded by the Committee of Management of the institution only for the reason that, according to the Management, the post has to be filled in from amongst open category candidates, whereas the petitioner belongs to reserved category of Scheduled Caste. His submission is that the petitioner is not claiming any reservation, rather even if he belongs to reserved category of Scheduled Caste and is eligible and entitled to be considered for promotion to the post in question, his candidature cannot be refused to be considered merely because he belongs to reserved category of Schedule Caste as he is eligible to compete and participate in any selection against the post meant for open category. To the aforesaid extent, the submission made by the learned counsel for the petitioner has force. The rule relating to reservation cannot be construed in a manner which is detrimental to the interest of a candidate belonging to reserved category. Any candidate belonging to a reserved category will be eligible and entitled to compete along with general category candidates in case he is otherwise eligible. If any vacancy, which is not reserved, is not allowed to be filled in from amongst the reserved candidates category, the same would amount to provide reservation to the open category candidates, which cannot and is not the intention of the reservation policy of the Government. Thus, for the aforesaid reason that the petitioner belongs to reserved category, his claim cannot be refused to be considered for promotion to the post in question provided he is otherwise eligible in terms of the Rules. The provisions contained in Section 12 of U.P. Secondary Education (Services Selection Boards) Act, 1982 (herein after referred to as ''the Act, 1982') provides that there shall be a Selection Committee for making selection of candidates for promotion to the post of a teacher comprising of Regional Joint Director of Education and two other members. Sub section 2 provides that the procedure of selection of candidates for promotion shall be such as may be prescribed under Rule 14 of U.P. Secondary Education (Services Selection Boards) Rules, 1998 (herein after referred to as ''the Rules, 1998'), which provides a complete procedure for making recruitment/appointment through promotion against the vacancies of teachers. According to Rule 14, in case any vacancy is to be filled in by promotion, the teachers working in trained graduates grade or Certificate of Teaching grade possessing prescribed qualification and having completed five years continuance regular service, are to be considered for promotion to the Lecturers grade or L.T. grade as the case may be, without their having applied for the same. Sub rule 3 of Rule 14 mandates the Management to declare a list of eligible teachers and forward it to the District Inspector of Schools along with certain other documents, such as seniority list, service records, character rolls and a statement in the proforma given in Appendix 'A' appended to the said rules. Sub rule 3 of Rule 14 mandates the Management to declare a list of eligible teachers and forward it to the District Inspector of Schools along with certain other documents, such as seniority list, service records, character rolls and a statement in the proforma given in Appendix 'A' appended to the said rules. Sub rule 4 provides that the District Inspector of Schools shall verify the facts from the record of his office and forward the list to the Joint Director for consideration in terms of the provisions contained in sub rule 5. In the instant case, the post of Lecturer in Civics had fallen vacant on 30.06.2012 and since then it is still lying vacant. In case, the post does not fall within the quota meant for direct recruitment and no requisition for filling up the said post by direct recruitment has been sent by the Management duly forwarded by the District Inspector of Schools to the Secondary Education Services Selection Board and the post falls within the quota meant for promotees, the Management ought to have initiated the process of making selection by way of promotion against the said posts. The scheme of the rule clearly states that the eligible candidate need not apply for his promotion as the Management has been mandated to initiate process without the candidate applying and hence, it was the duty of the Management to have initiated the process of making selection by way of promotion against the post of Lecturer Civics provided the post falls within the quota meant to be filled in by way of promotion. The District Inspector of Schools under sub rule 4 of Rule 14 of the 1998 Rules is required to verify the facts which may be sent by the Management under sub rule 3, however, in case the Management fails to do its duty as mandated under sub rule 3, it will be the duty of the District Inspector of Schools to require the management to send the requisite papers and documents initiating the process of promotion. In the light of the aforesaid facts, this writ petition is finally disposed of with the direction to the District Inspector of Schools, Balrampur to ascertain as to whether the post of Lecturer in Civics lies within the quota of posts which are to be filled in by way of promotion and in case he finds that the said post is to be filled in by way of promotion in accordance with rules, he shall direct and require the Management to submit the requisite papers for consideration of the case of all eligible candidates, including the petitioner, for promotion to the post in question and after verification of the documents as per rule 14 of the 1998 Rules, he shall forward the papers to the Joint Director of Education in terms of the provisions contained in sub rule 4 of Rule 14 of 1998 Rules. For the purpose of ascertaining the correct facts the District Inspector of Schools shall require the requisite information and documents to be sent to him by the petitioner as well as by the Committee of Management of the institution. The aforesaid exercise under this order shall be completed within three months from the date of production of certified copy of this order. Costs made easy.