- (1.) Hon'ble V.M.Sahai, J.
(2.) THE short question that arises for consideration in this appeal is whether for making promotion from class IV to class III post in a government aided institution a written examination is permissible? In Mahavir Inter College, Malikpura, Ghazipur a vacancy of class III employee occurred which was to be filled by promotion from class IV employees. The respondent no.5 was considered for promotion and the District Inspector of Schools, Ghazipur by order dated 24.1.2008 granted promotion to Raj Narain Singh Chauhan, respondent no.5 who was recommended for promotion on the basis of some written test conducted by the selection committee. The approval granted to the promotion of respondent no.5 Raj Narain Singh Chauhan was challenged by the appellants by means of Civil Misc. Writ Petition No.37763 of 2008 on the ground that no written test was permissible for promotion from class IV post to class III post and the appellants possessed minimum educational qualification of High School prescribed for promotion but their claim for promotion on class III post was not considered by the selection committee. The writ petition filed by the appellants has been dismissed by the learned single Judge on 30.7.2008 on the ground of laches.
(3.) WE have heard Sri Ashok Khare, learned senior counsel assisted by Sri Siddhartha Khare, for the appellants and Sri P.N.Saxena, learned senior counsel assisted by Sri A.K.Malviya for respondent no.5 and the learned standing counsel appearing for respondents no.1 to 3. With the consent of learned counsel for the parties, we have taken up this appeal as well as the writ petition for final disposal. Chapter III Regulation 2 of the Regulations framed under the U.P. Intermediate Education Act, 1921 provides for appointment and promotion of class III and class IV employees. It lays down that the minimum educational qualification of clerks and class IV employees would be same as is applicable to the employees of government higher secondary institutions. Regulation 2 of Chapter III of the Regulations is quoted below:- "2 (1) ...[VERNACULAR TEXT OMITTED]...;