Vikramaditya Prasad, J. - (1.) Heard both sides.
(2.) THE point to be determined in this writ is whether acquiring of higher qualification changes the original seniority? The question aforesaid arises out of the fact that the petitioner was appointed in the year 1965 as Assistant Teacher. One Md. Jasmuddin was appointed in the year 1966 on the same post. Then it transpires that Md. Jasmuddin acquired a qualification of B.A. in the year 1979 and the petitioner acquired his B.A. degree in the year 1981. A gradation list was subsequently prepared and since Jasmuddin Khan had obtained the B.A. degree in the year 1979, he was made senior to the petitioner. Then the promotion was taken up in the year 1987 and Jasmuddin was promoted to the exclusion of the petitioner on two grounds, firstly Jasmuddin has acquired the qualification of B.A. prior to the petitioner and secondly while the petitioner's case was considered due to roster policy in the district no vacancy was available for his promotion,
(3.) IN the counter affidavit it has not been stated by the respondents that whether Jasmuddin's case was also covered by the roster policy or not. Thus the case of the petitioner is that the case of Jasmuddin also falls in category of the petitioner and therefore both of them should have been considered and since the petitioner was senior ab initio in service to Jasmuddin he should have also been promoted along with Jasmuddin.;