Eligibility for promotion based on continuous regular service and the precedence of specific rules over general regulations.

( 1 ) HEARD Sri Krishna Ji Khare, learned Counsel for the petitioner and Sri V. B. Khare, learned counsel appearing for the Committee of Management. Standing Counsel has stated that even though earlier time was granted and intimation was sent to the department but no counter-affidavit has been filed. He prays for further time to file counter-affidavit. This Court vide its order dated 16th September, 2002 granted two weeks with stop order to the Standing counsel to file the counter-affidavit but no counter-affidavit has been filed, nor any application has been filed seeking further time. In the circumstances, I do not consider it fit to grant any further time to the Standing Counsel for filing the counter-affidavit.

( 2 ) BALA Prasad Kushwaha Intermediate College, Balrampur Bazar, Allahabad is a recognized and aided institution upto Intermediate level. The petitioner was appointed as an Assistant Teacher in l. T. Grade and due approval was granted on ad-hoc basis by the District Inspector of Schools, w. e. f. 15. 12. 1990. Subsequently, in view of the Ordinance No. 1 of 1993, the services of the petitioner were regularized w. e. f. 7. 8. 1993. One Post of Lecturer in Biology fell vacant on 31. 3. 1991. The petitioner worked on that post. The Committee of Management vide its resolution dated 20th July, 1998, resolved to promote the petitioner on that post and sent its recommendation along with the relevant papers for approval to the District Inspector of Schools. On receipt of the aforesaid proposal, vide letter dated 6. 11. 1998, the District Inspector of schools sought further information which was provided by the Committee of Management. It has been submitted, hat the District Inspector of Schools together with his comments dated 31. 12. 199. , sent the proposal to the Joint Director of Education. The Joint Director of Education by his order 30. 1. 2002, rejected the proposal of promotion of the petitioner on the ground that the petitioner did not have five years of continuous service in LT Grade on the date of occurrence of the vacancy. Thus, in his view, the petitioner was ineligible for promotion to the post of Lecturer in Biology. The aforesaid order was communicated to the petitioner by a letter of the District Inspector of Schools dated 3. 5. 2002. Both the aforesaid order dated 30. 1. 2002 and 3. 5. 2002 are impugned in the present writ petition.

( 3 ) COUNSEL for the petitioner has drawn my attention to Rule 14 of the U. P. Secondary Education services Selection Board Rules, 1998 (hereinafter referred to as 1998 Rules) and has contended that in view of the Rule 14, the petitioner had completed five years of continuous regular service at least on the date when the Joint Director of Education considered the proposal for his promotion to the post of Lecturer in Biology, in the institution. For ready reference Rule 14 (1)which is relevant for the purposes of the writ petition is quoted hereinbelow :

"14. Procedure for recruit by promotion.- (1) Where any vacancy is to be filed by promotion all teachers working in Trained Graduates Grade of Certificate of Teaching Grade, if any, who possess the qualifications, prescribed for the post and have completed five years continuous regular service as such on the first day of" the year of recruitment shall be considered for promotion to the Lecturers Grade or the Trained Graduate Grade, as the case may be, without having applied for the same. (2 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . .