Sudhir Narain, J. - (1.) THE petitioner has sought a writ of certiorari quashing the order dated 2nd December, 1985 passed by the Director of Education, Allahabad dismissing the appeal filed by the petitioner on the ground that the appeal was not maintainable. Shri Shanti Sagar Digamber Jain Girls Intermediate College, Chhaprauli, Meerut (hereinafter referred to as the institution) is a recognised institution under U.P. Inter -mediate Education Act, 1921. The petitioner was appointed as teacher on ad -hoc basis in B.T.C. Grade on 10th September, 1975 under Removal of Difficulties Order 1975, respondent No. 5 was also appointed in the same institution in the year 1976. She joined the post on 29th January, 1977. The institution was raised to an Intermediate College in 1980 -1981. One post of trained Graduate Grade was allowed to be upgraded to Lecturer grade by the department. Smt. Kaushalya Devi, a teacher in trained Graduate Grade, in the institution, was promoted as a Lecturer.
(2.) THE Committee of Management promoted respondent No. 5 on ad -hoc basis from the C.T. grade to trained graduate on the said vacancy, purporting to be under Para. 4(3) of Removal of Difficulties Ist Order dated 31st July, 1981. The petitioner made representation against the promotion of respondent No. 5 before the Deputy Director of Education under Para. 7(1) of the First Removal of Difficulties Order. The Deputy Director of Education passed order dated 14th January 1985 rejecting the representation of the petitioner.
(3.) THE petitioner thereafter filed an appeal before the Director of Education under Para. 7(1 -A) of Removal of Difficulties Order as amended by IVth amendment of Removal of Difficulties Order. This appeal has been rejected by respondent No. 1 by order dated 2nd December, 1985 on the ground that as the Higher Secondary Service Commission has been constituted the Director of Education has no jurisdiction to entertain and decide appeal under Para. 7(1 -A) of the Removal of Difficulties Order. The view taken by respondent No. 1 is erroneous. The mere fact that the Commission has been constituted does not take away the right of the Director of Education to decide the appeal as provided under Para. 7(1 -A) of Removal of Difficulties Order as amended by U.P. Secondary Education Services Commission (Removal of Difficulties) IVth Order, 1982.;