O.P.Mehrotra, J. - (1.) IN this petition under Article 226 of the Constitution of India, petitioner Laxmi Narain Yadava, who is an Assistant Teacher working in L.T. grade in Boys' Anglo Bengali Inter College, Sunder Bagh, Lucknow has challenged the validity of an order dated 4 -10 -85 (Annexure -16) passed by District Inspector of Schools, Lucknow according approval to the appointment of R.K. Singh, respondent No. 3, as Lecturer in Hindi in the said College. He has also prayed for quashing the subsequent order dated 11 -10 -85 (Annexure 20) passed by the District Inspector of Schools whereby the petitioner's representation dated 4 -10 -85 (Annexure 18) was rejected. There is no dispute that the petitioner and respondent No. 3 are Assistant Teachers working in L.T. grade in the said Institution and that Sri R.K. Singh is senior of the two. Sri R.K. Singh is B.Sc. with Physics, Chemistry and Mathematics and is M.A. in both Hindi and Sanskrit and is also L.T. On the other hand, the petitioner in M.A. in Hindi and had Hindi, Sanskrit & Political Science in B.A. and he is also C.T. and B.Ed. Sri R.K. Singh was appointed as a Science Teacher in L.T. grade on 20 -8 -70. Sri L.N. Yadava was originally appointed in C.T. grade and was promoted to L.T. grade with effect from 16 -9 -76.
(2.) THE dispute in this case is with regard to the promotion to the post of Lecturer in Hindi. Sri V.D. Misra who was Lecturer in Hindi proceeded on leave preparatory to retirement with effect from 5 -12 -84 and ultimately he retired on 30 -6 -85. As the petitioner was teaching Hindi to High School classes he was directed by the Principal to teach Hindi to Intermediate classes also with effect from 5 -12 -84 when Sri V.D. Misra proceeded on leave. However, the petitioner as well as respondent No. 3 applied for the post of Lecturer in Hindi which was to be filled up by promotion under 40% quota. The Managing Committee resolved that the Manager and the Principal may examine the qualifications of the two aspirants and send (sic) the claims of the petitioner and respondent No. 3 and also interviewed them and on the basis of their recommendations the then Manager Sri A.K. Mukerji by his order dated 5 -4 -85 (Annexure 3) appointed petitioner Sri L.N. Yadava as Lecturer in Hindi on ad hoc basis with effect from 5 -12 -84 subject to the approval of District Inspector of Schools, Lucknow. By another letter of the same date (Annexure 4) the Manager referred the matter to the District Inspector of Schools for his approval. It would appear that the District Inspector of Schools did cot accord approval and by his letter dated 24 -4 -85 (Annexure 5) informed the Manager that the proposal had been sent after considerable delay at the fag -end of the academic session and hence it was not possible to consider the same. Thereupon by letter dated 3 -5 -85 (Annexure 6) the Manager requested the District Inspector of Schools to reconsider the matter and accord approval to the promotion of Sri L.N. Yadava, explaining reasons for delay in sending the proposal. In the mean while a clear vacancy occurred on 30 -6 -85 due to the retirement of Sri V.D. Misra who had already proceeded on leave with effect from 5 -12 -84. The petitioner again applied for his regular promotion to the post of Lecturer in Hindi pointing out that he was the only person eligible for the post and that Sri R.K. Singh was not eligible as be was not B.A. with Sanskrit but was B. Sc. and was although a Mathematics Teacher and had no experience of teaching Hindi. As a clear vacancy had not occurred on the retirement of Sri V.D. Misra, the District Inspector of Schools in continuation of his earlier correspondence asked the Manager to send his proposal for promotion as required in Regulation 6(3) of Chapter II of the Intermediate Education Act. The matter came up before the Managing Committee in its meeting held on 26 -9 -85. It appears that there was some difference of opinion between the members as a result of which the matter had to be decided by voting. This time by a majority decision it was resolved to promote Sri R.K. Singh, respondent No. 3, vide copy of resolution dated 26 -9 -85 (Annexure 14). This proposal was approved by the District Inspector of Schools by his letter dated 4 -10 -85 (Annexure 16). The petitioner sent a representation dated 4 -10 -85 (Annexure 18) but the same was rejected by the impugned order dated 11 -10 -85 (Annexure 20). The petitioner then filed the present writ petition on 21 -11 -85.
(3.) THE main contention raised on behalf of the petitioner was that respondent No. 3 was not eligible to be promoted as Lecturer in Hindi as he did not possess the requisite qualifications for the said post. The requisite qualifications laid down for the post of Lecturer in Hindi require that the candidate should be "M.A. in Hindi and B.A. with Sanskrit, preferably trained". The petitioner's contention was that respondent No. 3 is a Bachelor of Science and that he is not a Bachelor of Arts, nor he had Sanskrit as a subject in B.A. It was urged that respondent No. 3 may be having higher qualification of M.A. in Sanskrit but he does not fulfil the minimum qualification of being "B.A. with Sanskrit.";