D.P.Singh, J. - (1.) HEARD learned counsel for the petitioners and learned Standing counsel. This petition is directed against an order dated 9th January 2009 whereby the representation of the petitioner no. 1 claiming promotion to a Class III post has been rejected. Janta Inter College, Lisadh in district Muzaffarnagar is a duly recognised and aided institution where three posts of clerk are sanctioned. On the retirement of the head clerk on 31.1.2008, Desh Pal, an Asstt. Clerk was promoted on 10.6.2008 creating a substantive vacancy on the post of Asstt. Clerk. The petitioner who was working as a Class IV employee therein claimed that the said post fell within the 50% promotional quota, approached the management for his promotion and the management vide resolution dated 15.7.2008 resolved to promote the petitioner and sent the entire papers to the District Inspector of Schools for approval. However, the management having found that the petitioner did not hold High School certificate or its equivalent as recognised by the Secondary Education Board, cancelled its resolution dated 15.7.2008 and intimated it to the District Inspector of Schools. Nevertheless, as the petitioner was claiming that he had passed Secondary School Examination from National Institute of Open Schooling (NIOS), the District Inspector of Schools sought information from the Board as to whether it was equivalent to High School examination conducted by the Board and recognised as such. The Regional Secretary of the Board vide its letter dated 25.7.2008 informed him that the certificate issued by the NIOS as having passed in five subjects therefrom was not equivalent to High School certificate of the Board and, therefore, accordingly the claim of the petitioner was rejected by the District Inspector of Schools on 18.8.2008 and the papers were returned to the management. The management finding that there was no eligible scheduled caste candidate available for promotion in the institution, sought and was granted permission to fill it up by direct recruitment vide order dated 1.11.2008 and the same was duly advertised in two daily newspapers on 2.11.2008. It appears that at this stage the petitioner approached this Court claiming that he had a right to be considered for promotion through Writ Petition no.58898 of 2008 and this Court by the following order dated 15.11.2008 relegated the petitioner to the District Inspector of Schools to consider his claim. "Contention of petitioner is that by virtue of being class IV employee of the institution, his claim for promotion is liable to be considered, against the vacancy which has been advertised. Grievance of petitioner at the first level has to be examined by the District Inspector of Schools. Consequently, in these circumstances and in this background, in case petitioner represents his claim before ;the said authority within one month from today along with a certified copy of this order, then in that event, the District Inspector of Schools shall call for comments from the Manager and the Principal of the institution, consider the grievance of petitioner and then take appropriate decision in accordance with law, within next three months. In terms of above observation and direction, present writ petition is disposed of." In pursuance thereof the petitioner approached the District Inspector of Schools, who after hearing the parties has rejected his claim holding that he did not possess the requisite qualification. It is contended that as the post fell within the promotion quota, no direct recruitment could be made and therefore the appointment of respondent no.5 was vitiated. On this issue he has relied upon a decision of this Court rendered in the case of Rakesh Bharadwaj vs. State of U.P. and others (2007 (5) ALJ 39). There is no dispute that the vacancy fell within the promotion quota and normally it should be filled up by promotion as held in the said judgment. However, the petitioner can only claim that right if he is duly qualified. There is no denial that the minimum qualification for such promotion is High School or its equivalent and there is a categorical finding that the petitioner does not possess it. Nevertheless, it is vehemently urged that he has passed Secondary School Examination from NIOS and therefore in view of a Government order dated 15.5.1964, no formal order of recognition is required. It would be appropriate to take note of the said Government order which is quoted below : "Certificates and Recognition of Educational Institutions) No.-722/1-B-13(1)-01 From : Sri G.K.Joshi, Up Sachiv Uttar Pradesh Shasan To, All Heads of Departments and Principal Heads of Offices, Uttar Pradesh Niyukti Vibhag-(Kha) Lucknow, Dated 15 May, 1964 Subject : Recognition of the degrees and diplomas awarded by the Universities established by law in India for purposes of recruitment to services under the State Government. Sir, I am directed to say that the question of recognition of the degrees/diplomas awarded by the Universities as established by law in India for purposes of recruitment to services and posts under the State Government has been under their consideration for some time past. In the light of the decision taken by the government of India and in consultation with the Lok Seva Ayog, Uttar Pradesh, it has been decided that in the case of degrees/diplomas as awarded by Universities in India which are incorporated by an Act of the Central or State Legislature, no formal orders recognizing such degrees/diplomas need be issued by Government. Such degrees/diplomas should be recognised automatically for purposes of employment under the State Government.
(2.) SIMILARLY no orders are required for the formal recognition of any certificate or diploma awarded by Boards of Secondary and Intermediate Education duly set up and recognised by the Central or the State Governments and they may be automatically recognised for purpose of recruitment to services and posts under this State Government. These orders may kindly be brought to the notice of all concerned. Yours faithfully, G.K.Joshi Up Sachiv 15.5.1964" A perusal of the order of the State Government shows that a legal fiction with regard to recognition of degrees, diplomas and certificate has been created where it has been awarded by Universities and Board incorporated or set up by an Act of the State or Central legislature and are duly recognised by any of the Governments only for the purposes of recruitment to posts under the State Government. The petitioner has annexed a copy of the certificate as Annexure II to the petition which does not show that it has been issued by any Board set up or recognised by either the Central or State Government by any legislation. Even in the pleadings there is no whisper that the certificate has been issued by any Board, set up and recognised by any Government. Further, the Government order speaks about recruitment to any post under the State Government, but the post of a Clerk in a non-Governmental though aided institution is not a post under the Government. Apart from the above, the petitioner has not brought on record any document to show that the annexed certificate is recognised and treated as equivalent to High School certificate. Therefore, it has to be held that the petitioner is not qualified to be considered for promotion to the said post. Once it is held that the petitioner is ineligible, he cannot raise any claim. Though it may be clarified that once no one is available for promotion, the management would be entitled to fill the vacancy by direct recruitment and this principle is well settled. No other point has been urged. It may be clarified that neither any argument in respect to petitioner no.2 was advanced nor any pleading for his benefit has been pointed out. In view of the aforesaid, no case for interference is made out. Rejected.;