Janardan Sahal, J. - (1.) The dispute in the present case relates to promotion to the post of Lecturer in Hindi in. Adarsh Gramin Inter College Chandok, Bijnore, which is an institution recognised by the U. P. High Schools and Intermediate Education Board. It appears that the committee of management has passed a resolution dated 24.8.1999 for promotion of the respondent No. 4 as Hindi Lecturer and the papers recommending him have been sent by the Manager and the Principal of the institution in Form A. Copy of the resolution has been annexed as Annexure-9 and copy of the Form A as Annexure-10. The petitioner has prayed for quashing the resolution dated 24.8.1999 and the recommendation dated 2.12.1999 Annexures-9 and 10 to the writ petition and has also prayed for mandamus to consider the name of the petitioner for the post of Lecturer in Hindi.
(2.) According to the petitioner, one Somi Ram Arya, Lecturer in Hindi was posted as officiating Principal of the institution from 1.7.1994 and he superannuated on 30.6.1999 and the committee of management resolved to promote respondent No. 4 on the post of Hindi Lecturer and has sent his name in Form-A. It is alleged that respondent No. 4 was not eligible for promotion on the date the vacancy occurred. He did not have Master's Degree in Hindi on that date and he is also otherwise not eligible inasmuch as he does not have Sanskrit as one of his subjects for the Bachelor's Degree. It is also contended that the petitioner was eligible and his name ought to have been sent by the management for consideration.
(3.) The first question calling for consideration in the present case is the date of occurrence of the vacancy. In paragraph 11 of the counter-affidavit of the committee of management, it is stated that Somi Ram Arya, permanent lecturer was granted promotion as ad hoc Principal. In paragraph 12 of the counter-affidavit, it is stated that Somi Ram Arya retired from service on 30.6.1999, thereby causing a substantive vacancy on post of Lecturer Hindi on 30.6.1999 and that this vacancy was to be filled up under 50% quota for promotion. In the rejoinder-affidavit, the averment that Somi Ram Arya permanent Lecturer in Hindi was granted ad hoc promotion as Principal has not been disputed. It is also not in dispute that Somi Ram Arya superannuated on 30.6.1999 and thus substantive vacancy on the post of Lecturer occurred on 30.6.1999. The contention of the learned counsel for the petitioner that the vacancy occurred on 1.7.1994 is not acceptable inasmuch as this fact is not disputed that Somi Ram Arya was promoted on ad hoc basis as Principal and substantive vacancy on the post of Lecturer in Hindi arose only on the retirement of Somi Ram Arya.;