Satish Chandra, C.J. - (1.) There are two inter-connected writ petitions. The principal point which arise for consideration is whether Sri Nripati Yadav was qualified for appointment in the lecturer's grade on the date of occurrence of the vacancy.
(2.) It appears that, by an order dated. May 5, 1978. four posts of lecturers were created in Pramhansh Intermediate College, Azamgarh. Two of them were to be filled by promotion and two by direct recruitment. On January 21, 1980, this order was modified and it was directed that one post will be filled by promotion and the rest three by direct recruitment. The petitioner who was an existing teacher in the L.T. Grade in this college applied for being considered for promotion to the post of lecturer. The Managing committee held that he was not qualified. Mr. Yadav then approached the Additional Director of Education who by an order passed on August 29, 1978. directed the District Inspector of Schools, Azamgarh to stay the aforesaid selection. Aggrieved the committee of management filed writ petition no. 7280 of 1980 complaining that the Addl. Director had no business to interfere in the process of selection. Sri Nripati Yadav filed writ petition no. 7563 of 1980 against the move of the managing committee to hold the elections on September 3, 1980.
(3.) The dispute between the committee of management and Nripati Yadav is whether Sri Yadav fulfils the requisite qualifications for being considered for the lecturer's grace. Regulation 6 in Chapter II of the Uttar Pradesh Intermediate Education Act is relevant and material. This regulation provides:- "6. (1) Where any vacancy in the lecturer's grade or in the L.T. grade as determined under regulation 5, is to be filled Of promotion, all teachers working in the L.T. or the C.T, grade, as the case may be, having a minimum five years continuous substantive services to their credit on the date of occurrence of the vacancy shall be considered for promotion by the Committee of Management without their having to apply for the the same provided they possess the prescribed minimum qualifications for teaching the subject in which the teacher in the lecturer's grade or in the L.T. Grade is required. Note - For purposes of this clause, service rendered by a teacher in the L. T. or the C.T. grade in any other recognized institution shall court for eligibility, unless interrupted by removal, dismissal or reduction to a lower post. (2) "..... ..... ..... The condition precedent is possession of minimum of five years continuous substantive service. Such five years service should have been completed on the date of occurrence of the vacancy. The petitioner was appointed in this very institution in the C.T. grade on August 7, 1971 and, on September 6, 1974, he was appointed in the L. T. grade. If the service in the L. T. grade alone was to be considered his service in that grade commenced from September 6, 1974 and was not five years on May 5, 1973, the date when the posts were created.;