Vijay Bahuguna, J. - (1.) By means of the present petition under Article 226 of the Constitution the petitioner has challenged the validity and legality of the order of the Deputy Director of Education dated 4th of November, 1991, by means of which the respondent No. 4 has been appointed as an ad hoc Lecturer in History of the National Inter College, Sayadraja, Varanasi. The impugned order of the Deputy Director of Education was passed pursuant to the directions of this Court in writ petition No. Nil of 1989, Vijay Bahadur Singh v. District Inspector of Schools, Varanasi and others, decided on 6th of December, 1989. This Court had directed the Deputy Director of Education to decide the representation made by the respondent No. 4 (petitioner in that writ petition) as had been earlier directed by this Court on 16-12-1988, after hearing the petitioner and the respondent No. 4.
(2.) The Deputy Director of Education after providing an opportunity of hearing to the petitioner and the respondent No. 4 and after perusal of the relevant record came to the conclusion, that the respondent No. 4 was senior to the petitioner and that he possessed the requisite qualification on the date of vacancy and as such was eligible for being promoted as an ad hoc Lecturer in History and was entitled to continue as such till a regular selection was made by the Commission.
(3.) Section 18 (1) (a) and (b) of the U. P. Secondary Education Services Commission and Selection Boards Act, 1982 read as under:- 18. Ad hoc Teachers.(1) Where the management has notified a vacancy to the Commission in accordance with the provisions of this Act, and (a) the Commission has failed to recommend the name of any suitable candidate for being appointed as a teacher specified in the Schedule within one year from the date of such notification ; or (b) the post of such teacher has actually remained vacant for more than two months, then the, management may appoint, by direct recruitment or promotion, a teacher on purely ad hoc basis from amongst the person possessing qualifications prescribed under the Intermediate Education Act, 1921 or the regulations made there under.'* Rule 9 (1) of the U, P. Secondary Education Services Commission Rules, 1983 read as under : "9. Procedure for appointment by promotion. (1) Where any vacancy is to be filled by promotion, all teachers working in L. T. or C. T. Grade, who possess the minimum qualifications and have put in at least 5 years continuous service as teacher on the date of occurrence of vacancy shall be considered for the promotion to the Lecturer or L. T. Grade, as the case may be without their having applied for the same. Note.For the purpose of this sub-rule, service rendered in any other recognised institution shall count of eligibility. unless interrupted by removal, dismissal to a lower post.......................";