- (1.) The Petitioner has been granted promotion as Lecturer in Civics in an Intermediate College governed by the Uttar Pradesh Secondary Education (Service Selection Boards) Act, 1982 and the Uttar Pradesh Secondary Education Services Selection Board Rules, 1998 framed thereunder. The Rule of Promotion is Rule 14 of the 1998 Rules which is quoted below: Rule 14. Procedure for recruitment by promotion.--(1) Where any vacancy is to be filled by promotion all teachers working in trained graduates grade or Certificate of Teaching grade, if any, who possess the qualifications, prescribed for the post and have completed five years continuous regular service as such on the first day on the year of recruitment shall be considered for promotion to the lecturers grade or the trained graduates grade, as the case may be, without their having applied for the same. Notes.--For the purposes of this sub-rule, regular service rendered in any other recognized institution shall be counted for eligibility, unless interrupted by removal, dismissal or reduction to a lower post. (2) The criterion for promotion shall be seniority subject to the rejection of unfit. (3) The Management shall prepare a list of teachers referred to in Sub-rule (1), and forward it to the Inspector with a copy of seniority list, service records, including the character rolls, and a statement in the proforma given in Appendix 'A'. (4) Within three weeks of the receipt of the list from the management under Sub-rule (3), the Inspector shall verify the facts from the record of his office and forward the list to the joint Director. (5) The Joint Director shall consider the cases of the candidates on the basis of the records referred to in Sub-rule (3) and may call such additional information as it may consider necessary. The Joint Director shall place the records before the Selection Committee referred to in Sub-section (1) of Section 12 and after the committee's recommendation, shall forward the panel of selected candidates within one month to the Inspector with a copy thereof to the Management. (6) Within ten days of the receipt of the panel from the Joint Director under Sub-rule (5), the Inspector shall send the name of the selected candidates to the Management of the institution which has notified the vacancy and the Management shall accordingly on authorisation under its resolution issue the appointment order in the proforma given in Appendix 'F' to such candidate.
(2.) The selection has to be therefore made under Section 12 by a Statutory Committee and not by the Management. Section 12 of 1982 Act is quoted below: Section 12. Procedure of selection by promotion.-- (1) For each region, there shall be a Selection Committee, for making selection of candidates for promotion to the post of a teacher, comprising-- (i) Regional Joint Director of Education--Chairman (ii) Senior most principal of Government Inter College in the region--Member (iii) Concerned District Inspector of School--Member/Secretary (2) The procedure of selection of candidates for promotion to the post of a teacher shall be such as may be prescribed.
(3.) Learned Counsel for the Petitioner contends that the proposal of the Committee was sent on 26th May, 2003 and after waiting for five years the claim of the Petitioner has been approved by the Competent Authority which has caused not only pecuniary but other losses including seniority in the grade of Lecturer. Learned Counsel therefore submits that reasonably construing the period prodded under the aforesaid rules the authority ought to have granted approval with retrospective effect.;