D.N. Jha, J. - (1.) We have heard the learned counsel for the parties. The grievance in this writ petition set out by the petitioner Ram Bali Srivastava is that on promotion of Sri Ram Chandra Upadhyaya who was teaching Hindi, a post in L.T. Grade was created and the petitioner was senior to opposite party No. 4, Sri Aditya Prakash Pandey, in the C.T. Grade and, therefore, he should have been promoted to L.T. Grade.
(2.) In the instant case counter-affidavit has been filed by Sri Aditya Prakash Pandey and annexures C-l and C-2 have been brought on record. It appears from annexure C-2 filed to the counter-affidavit that the Inspector of Schools had felt the necessity of an L.T. teacher to teach classes IX and X in the L.T. Grade as there was no teacher to teach these classes. A person in the C.T. Grade can only teach up to class VIII. Opposite party No. 4, Sri Aditya Prakash Pandey is B.Sc., with Mathematics, while the petitioner has no experience in the subject of Mathematics as he is only M. A. in Hindi. The promotion post in L.T. Grade has been provided in the subject of Mathematics. Therefore, a person who was not conversant with Mathematics could not be appointed. It is no doubt true that the petitioner is senior to opposite party No. 4 in C.T. Grade, but he could not be promoted to L. T. Grade to teach Mathematics.
(3.) We, therefore, see no error in the promotion of opposite party No. 4, Sri Aditya Prakash Pandey, from C.T. Grade to L.T. Grade. No illegality-has been perpetrated. The writ petition, therefore, being devoid of merit is dismissed. There will be no order as to costs. Petition dismissed.;