- (1.) We have heard Shri R.C. Dwivedi, learned Counsel for Shri Ram Badai Yadav, the Petitioner-Appellant. Learned Standing Counsel appears for Respondent Nos. 1, 2 and 4. Shri T.N. Tiwari has entered appearance on behalf of Shri Govind Tiwari-Respondent No. 3. Shri Satya Prakash Gupta holding his brief has appeared in the matter
(2.) A vacancy on the post of Lecturer in Hindi in promotion quota occurred on the retirement of the then Lecturer on 30.6.1996 The Committee of Management notified the vacancy to the Secondary Education Service Commission, and proceeded to fill it up by resolution dated 17.7.1996, recommending appointment of Shri Govind Tiwari. The District Inspector of Schools approved the appointment on 31.12.1997. Shri Ram Badai Yadav, the next in seniority in LT grade claiming promotion on the same post of Lecturer in Hindi in promotional quota filed a Writ Petition No. 3300 of 1998 alleging that Shri Govind Tiwari did not possess the requisite qualification for promotion provided in the schedule appended to U.P. Intermediate Education Act providing for MA degree in Hindi as essential qualification, with 5 years continuous service as such, on the date of occurrence of vacancy on 1.7.1996 under Rule 16 of the U.P. Secondary Education Service Condition Rules, 1995.
(3.) Learned Single Judge found that the result of Shri Govind Tiwari-Respondent No. 3 of MA examination in Hindi was declared on 14.7.1996. He was recommended by the resolution of the Committee of Management for appointment by promotion on 17.7.1996. Relying upon Sangam Lal Pandey v. State of U.P. and Ors.,1990 1 UPLBEC 706 it was held that the result will relate back to the date on which Shri Govind Tiwari appeared in the examination. He possessed necessary qualification on the date of vacancy, and was thus qualified and eligible for the post. The findings recorded by the learned Single Judge are quoted as below In Sangam Lal Pandey v. State of U.P. and Ors.,1990 1 UPLBEC 706 , it has been clearly held that irrespective of the date of declaration of result the date on which the last paper of the examination in which the candidate appeared would be the date of deemed possession of requisite qualification. The last paper of M. A. Final Examination of Hindi was held on 30.3.1996 when the vacancy arose on 1.7.1996 and the result of M. A. (Hindi) Examination was declared on 14.7.1996 wherein he was declared passed in I Ind Division. Thus, Respondent No. 3 was possessing necessary qualification on the date of occurrence of vacancy and was thus qualified for the post according to relevant rules. Sanskrit as one of the subjects at graduation level is not a requirement for promotion in case such teacher is appointed in L.T. Grade prior to 5.4.1975. According to Government notification dated 16.3.1979 those teachers appointed prior to 5.4.1975 for teaching High School classes according to regulations prevailing at that time if possessed other qualification in that event B.A. With Sanskrit is not necessary for the purposes of promotion to the post of Lecturer in Hindi for Intermediate classes. Admittedly Respondent No. 3 was appointed on regular basis in L.T. Grade on 7.8.1972, i.e., prior to 5.4.1975 according to Government notification dated 16.3.1979 B.A. with Sanskrit was not the requirement in case or promotion of Respondent No. 3 to the post of Lecturer in Hindi. The U.P. Secondary Education Service Rules, 1983 and the U.P. Secondary Education Service Rules, 1995 are applicable to the case under which 5 years' continuous service in L.T Grade besides possession of requisite qualification on the date of occurrence of the vacancy for promotion to the next higher grade is essential which were possessed by Respondent No. 3. Thus, he was rightly promoted to the post of Lecturer in Hindi which was also approved by the District Inspector of Schools vide impugned order dated 31.12.1997. The criteria laid down for promotion under the aforesaid rules is seniority subject to rejection of unfit. Since Respondent No. 3 was appointed in L.T. Grade on 7.8.1972 he had more than 5 years continuous service in L.T. Grade in July 1996 when the promotion was made and was thus fully qualified for the post and was rightly granted ad-hoc promotion by the committee of management which was also approved by the D.I.O.S.;