Amreshwar Pratap Sahi, J. - (1.) HEARD Sri Adarsh Bhusan for the petitioners.
(2.) THE petitioners claim promotion as assistant teachers in L.T. Grade under Regulation 7(2)(a) of Chapter II of the regulations framed under the U.P. Intermediate Education Act, 1921 read with the provisions of Rule 10(c) of the U.P. Secondary Education Services Selection Board Rules 1998. They submit that the appointment of the respondent No. 8 by direct recruitment prejudices the right of the petitioners who are entitled to occupy the said posts by way of promotion under the provisions of Rule 10(c) of the 1998 Rules. Learned Counsel for the respondent No. 8 and the learned Counsel for the contesting respondent Nos. 1 to 7 submit that the aforesaid claim of the petitioners cannot be considered inasmuch as their promotions are sought to be made under the notification dated 26.02.2003 which could not have been done in the absence of Rules inasmuch as promotions are now governed by the provisions of the U.P. Secondary Education Service Selection Board Act, 1982 and 1998 Rules framed thereunder.
(3.) LEARNED Counsel for the respondents rely on the Division Bench Judgment of this Court in Special Appeal No. 950 of 2005 Narendra Singh and Ors. v. Shri Jata Shanker Sharma and Ors. decided on 28th January, 2009.;