Anil Kumar, J. - (1.) THE core question to be decided in the present case is, whether the candidate not possessing degree of B.A. with Sanskrit but possessing degree of Sahitya Ratna (two years course) from Hindi Sahitya Sammelan, Allahabad is eligible for promotion-appointment as Lecturer (Hindi) to teach Classes XI and XII.
(2.) THE uncontroverted facts of the present case are to the effect that in district Bareilly there is an institution known as Dhaniram Inter College, Damkhoda, Bareilly (hereinafter referred to as the institution) which is recognised and governed by the provisions of U. P. Intermediate Education Act, 1921 and provisions of Payment of Salary Act, 1971. The petitioner was appointed as Assistant Teacher in L.T. grade on 1.7.1981 (as Science teacher) in the institution and the qualification of the petitioner is M.Sc. and M.A. in Hindi. Besides this the petitioner has also passed Sahitya Ratna Pariksha (Dwitiya Pathyakram) from Hindi Sahitya Sammelan, Allahabad (Sahitya Ratna) and obtained a degree of L.T. on 27.7.1989. Due to retirement of Sri Bhajan Lal Sharma Lecturer (Hindi) on 30.6.2006 a vacancy on the post of Lecturer Hindi arose in the institution.
(3.) THERE are six posts of Lecturer in the institution. Out of which three posts have been filled up by direct recruitment, one post filled up by promotion and two posts of Lecturer were vacant which are required to be filled up by way of promotion under 50% quota. The Committee of Management on 23.6.2006 sent a proposal to the District Inspector of Schools, Bareilly for promotion of the petitioner on the post of Lecturer (Hindi) under the promotional quota post. Later on 30.6.2007, Adhiyachan for promotion on the post of Lecturer (Hindi) was also sent by the Manager of the institution to the Regional Level Committee through District Inspector of Schools, Bareilly. On 1.10.2007 the District Inspector of Schools, Bareilly forwarded the said proposal of the petitioner for promotion on the post of Lecturer (Hindi) to the Regional Level Committee, respondent No. 2.;