- (1.) An interesting question has arisen for consideration in this Special Appeal which has been filed under Chapter III Rule 5 of the Allahabad High Court Rules, 1952 against a judgment of a learned Judge of this Court by which the writ petition filed by the appellant for being considered for promotion on the post of a Lecturer in Seth Mukund Lal (Vidya Kendra) Inter College, Mukund Nagar, Ghaziabad-the College was dismissed.
(2.) The issue that arises for consideration is whether under Rule 14 of the U.P. Secondary Education Services Selection Board Rules, 1998-1998 Rules only teachers working in trained graduates grade or certificate of Teaching grade can be considered for promotion to the post of Lecturer who possess the qualification prescribed and have completed five years continuous regular service as such on the first day of the year of recruitment in the subject in which the vacancy is to be filled by promotion.
(3.) In order to appreciate the issue it would be appropriate to reproduce the relevant portion of the Rule 14 of the 1998 Rules, which are as follows: "14. Procedure for recruitment by promotion.- (1) Where any vacancy is to be filled by promotion, all teachers working in Trained graduates grade or Certificate of Teaching grade, if any, who possess the qualifications prescribed for the post and have completed five years continuous regular service as such on the first day of the year of recruitment shall be considered for promotion to the Lecturers grade or the Trained graduates grade, as the case may be, without their having applied for the same. Note.- For the purposes of this sub-rule, regular service rendered in any other recognised institution shall be counted for eligibility, unless interrupted by removal, dismissal or reduction to a lower post. (2) The criterion for promotion shall be seniority subject to the rejection of unfit. (3) .......................... (4) .......................... (5) ......................... (6) .....................";