- (1.) R. H. Zaidi, J. Heard learned counsel for the parties and perused the record.
(2.) BY means of the present petition under Article 226 of the Constitution of India, petitioner has challenged the validity of the Order dated 31-3-1981, w here by the respondent No. 1 has cancelled the promo tion of the petitioner to the post of Lecturer (Economics ). It appears that the petitioner was appointed as a Tfeacher (L. T Grade) in the year 1974 in the institution known as Vidya Mandir Intermediate College Mauchirayal, Aligarh. He was there after transferred from the said institution to Rana Sangram Singh Intermediate College Bisahra, Ghaziabad on 21-2-1979. It was on 20-6-1980 the petitioner was transferred to Udai Pratap Intermediate College, Sapnawat, Ghaziabadand there after by means of a resolution, passed by the Committee of Management of the said institution, the petitioner was promoted to the post of Lec turer grade. The promotion of the petitioner was approved by the District In spector of Schools, but on a complaint received from one Sri Anand Prakash Shar ma, the District Inspector of Schools can celled the promotion of the petitioner to the post of Lecturer by the impugned order dated 31-3-1981 on the ground that on the date the agenda of the meeting held on 17-7-1980 was circulated, the name'of the petitioner was not on the rolls of the teachers of the institution. No other ground for cancellation of the promotion of the petitioner has been mentioned in the im pugned order. Thus, the petitioner has chal lenged the validity of the Order dated 31-3-1981. The writ petition was admitted on 12-5-1981. While admitting the writ peti tion an ad interim order was also granted by this Court, w here by the operation of the impugned order dated 31-3-1981, passed by the District Inspector of Schools, Ghaziabad was stayed. The petitioner since the date of his promotion has been working as Lecturer in the said institution.
(3.) LEARNED counsel for the petitioner submitted that the petitioner was promoted to the post of Lecturer in accordance with law and the District Inspector of Schools, Ghaziabad has acted illegally in cancelling the promotion of the petitioner. On the other hand, learned standing counsel submitted that the promotion of the petitioner to the post of Lecturer was illegal, in as much as, on the date of occur rence of the vacancy as well as on the date of circulation of the agenda of the meeting dated 19-7-;1980, the name of the petitioner was not on the rolls of the teachers in the institution. Therefore, he had no right to be considered for promotionand the promo tion of the petitioner was rightly, cancelled by the District Inspector of Schools.;