- (1.) Heard Sri V.K. Singh, learned counsel for the appellant and Sri Anoop Trivedi, learned counsel for the respondent no. 6, Learned Standing Counsel on behalf of respondent nos. 1 to 4 and Sri Rajesh Kumar Mishra, learned counsel for the respondent no. 5.
(2.) Facts in short leading to the present Special Appeal are as under:- Mewa Lal Ayodhya Prasad Gupta Smarak Inter College, Soraon, Allahabad (hereinafter referred to as the "institution") is an aided and recognized institution governed under the provisions of the Intermediate Education Act' 1921. The provisions of the said Act and the regulations framed thereunder as also those of the U.P. Secondary Education Services Selection Board Act 1982 (hereinafter referred to as the Act 1982) and the rules and regulations framed thereunder are applicable to the teachers of the institution. A post of Lecturer(Hindi) is stated to have fallen vacant in the said institution in the year 2000. The petitioner, Amar Singh is stated to have been appointed in the said institution on the recommendation of the Selection Board on the post of L.T. grade teacher on 30.11.2004. He moved an application seeking promotion against the said vacancy of lecturer (Hindi) in the year 2012. This application remained pending.
(3.) In the meantime, a Full Bench of this Court in the case of Raeesul Hasan Vs. State of U.P. and others, 2015 6 ADJ 778 held that the eligibility for the post of lecturer as required to be determined under Rule 14 of the U.P. Secondary Education Services Selection Board, Rules 1998 (hereinafter referred to as the "Rules, 1998"), must be with reference to the first day of the year of recruitment in which the Committee of Management decides to make promotion on the said post, which would be the recruitment year for the purpose of promotion.;