JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. The State of Uttar Pradesh calls in question legality of the judgment rendered by a Division Bench of the Allahabad High Court. The writ petition was filed by the present respondent No. 1 with the prayer that he should be promoted as Principal of the Government Degree College. Grievance was made that though his juniors have been promoted but he had not been promoted. Relying on earlier judgment of the High Court in N.K. Agarwal v. Kashi Gramin Bank, Varanasi (2003(2) UPLBEC 1333), the writ petition was allowed. Direction was given that present respondent No. 1 should be promoted as Principal of a Government Degree College with effect from the earliest date on which his juniors were promoted, his seniority was to be fixed with effect from that date and he shall be given arrears within two months. According to the High Court, the criteria for promotion have to be so as given in Rule 16 of the U.P. Higher Education (Group A) Service Rules, 1985. According to the said rules, seniority subject to rejection of unfit was the criteria in terms of Rule 16(1)(b).

3. In support of the appeal, learned counsel for the appellant-State submitted that the