Sudhir Narain, J. - (1.) The question involved in the present appeal is as to whether the appellant was qualified to be promoted to the post of lecturer in English when tho vacancy of the post of lecturer in English fell vacant in Sana tan Disarm Intermediate College, Muzaffarnagar,
(2.) Briefly stated the facts are that the appellant was appointed in Sanatan Dharm Intermediate College (hereinafter referred to as the College) as reserved pool teacher with effect from 4-9-1985 and started working as Assistant Teacher in L.T. Grade. Sri Vidya Sagar and Sri Chaitanya Swaroop wet two permanent lecturers in English in the college Sri Chaitanya Swaroop retired on 30 6-1989 and Sri Vidya Sagar died on 20-3-1990 and on. account of retirement and death, two substantive vacancies of the posts of lecturer' in English came into existence. The Committee of Management' of the college intimated the vacancies to the Commission through the District Inspector of Schools, respondent No. 1. it farther resolved to make ad fee appointment by direct recruitment. Two posts of lecturer w English were advertised on 29-11-1990 and applications were invited for the above posts. On receiving tho applications and after considering their eligibility Sri Anil Kumar, respondent No. 4 and Sri Anil Mitts I, respondent No. 5 were appointed to the posts of lecturer in English. The District Inspector of Schools gave approval for the said appointments and they were appointed by the Committee of Management on 28th January, 1991.
(3.) The appellant claimed that he was entitled to be promoted to the post of lecturer in English in accordance with the provisions of Section 18 (i)(b) of the U.P. Secondary Education Service Commission and Selection Boards Act, 1982 (in short the Act). He made representation to the Committee of Management claiming the right of promotion but as the Committee of Management did not agree to give promotion, he filed writ petition in this Court The learned Single Judge dismissed the writ petition taking the view that the appellant was not qualified on the date of occurrence of the vacancy to the post of lecturer in English and the Committee of Management was justified in making the appointment by direct recruitment to the posts of lecturer in English in the college. It was found that as the appellant hid not completed five years continuous service on the date of occurrence of vacancy as contemplated under Regulation 6 of Chapter II of the Regulations framed under the Intermediate Education Act 1921, be was not entitled for promotion.;