K.N.Singh, J. - (1.) This petition under Art. 226 of the Constitution is directed against the Government order dated 12-7-1978 prescribing reservation in favour of the members of scheduled castes, scheduled tribes and backward classes in the service of the private educational institutions recognized by the Board of High School and Intermediate Education and receiving grants-in-aid from the State Government.
(2.) The petitioner is a permanent Assistant Teacher in C.T. Grade in the R.R.K.K. Inter College, Kuchesar, Belandshahr an aided and recognized institution. In September 1975 he was promoted to officiate in L. T. Grade, he continued to officiate on that post till May 20, 1977 and thereafter he was reverted to G.T. Grade. In 1979 a vacancy arose in the L.T. Grade which was to be filled by promotion in accordance with Regulation 6 of Chapter II of the Regulations framed under the U. P. Intermediate Education Act 1921, hereinafter referred to as the Act. On 6-9-79 the Committee of Management of the college promoted Jagat Singh respondent no. 4 an Assistant Teacher in C T. Grade to the L.T. Jrade, Even though the petitioner was senior to the respondent no. 4, the management did not consider him for promotion in view of the directions issued by the State Government in its order dated July 12, 1978 providing reservation of posts in favour of the members belonging to scheduled castes, scheduled tribes and backward classes. Aggrieved, the petitioner has challenged validity of the Government order.
(3.) Appointment of teachers in the non government educational institutions is regulated by the provisions of the Act and the Regulations framed thereunder. Chapter H of the Regulations provide for appointment of Heads of institution and teachers. Regulation 6 of Chapter IT provides that where any vacancy in the L. T. Grade is to be filled by -promotion, alL teachers Working in the C. T. Grade having a minimum of five years continuous substantive service to their credit on the date of the occurrence of the vacancy shall be considered for promotion by the Committee of Management provided they possess the prescribed minimum qualification for teaching the subject in which the teacher in the L. T. Grade is required. The Regulation further lays down that selection for promotion shall be made on the basis of service, standing, achievements in service, academic qualification and integrity. The criterion for promotion is seniority with due regard to merit. Seniority therefore occupied major role in making the selection. The petitioner had been appointed as Assistant Teacher in C. T. Grade in 1 66, while Jagat Singh respondent no. 4, was appointed in 1972. Both the petitioner and respondent no. 4 were working in C. T. Grade, the petitioner was senior to respondent. He was entitled to promotion on the criterion laid down by Regulation 6. The Committee of Management, however, did not consider the petitioner's case for promotion instead it preferred to promote respondent no. 4 who belongs to backward class in pursuance of the Government order dated July 12, 1978.;