The court emphasized the importance of following the rules and regulations for promotions, particularly in the context of seniority and qualifications, and held that the additional qualification of Library Science for the promotion to the Class III post was not justified under Rule 7 of the U.P. Subordinate Educational Ministerial Service Rules, 1985.

( 1 ) SPECIAL Appeal No. 1140 of 2001 has been filed by Ram Chandra Kesari against the judgment and order dated 7. 11. 2001 passed by the learned single Judge in Civil Misc. Writ Petition No. 20350 of 1990, Ram Krishna v. State of U. P. and Ors. , whereas Special Appeal No. 1144 of 2001 has been filed by the Committee of Management, Sri Ram Pratap Inter College, Sirsa, allahabad and another against the same judgment and order dated 7. 11. 2001 passed by the learned single Judge in the aforementioned writ petition.

( 2 ) SINCE both the special appeals arise out of the same judgment of the learned single Judge, they are being decided together.

( 3 ) WE have heard Sri R. N. Singh, learned senior counsel assisted by Sri A. P. Shahi, in Special appeal No. 1140 of 2001 and Dr. R. G. Padla, learned senior counsel assisted by Sri Prakash padia in Special Appeal No. 1144 of 2001, Sri Jagan Nath Singh, learned counsel for the respondent-writ petitioner and Sri Ran Vijay Singh, learned standing counsel appearing on behalf of the respondents-State.

( 4 ) BRIEFLY stated the facts giving rise to the present appeals are as follows :

"the respondent-writ petitioner. Ram Krishna is working as a Class IV employee in Sri Ram pratap Inter College, Sirsa, Allahabad (hereinafter referred to as the college); He was appointed in the college as a Class IV employee on 1. 11. 1967. Ram Chandra Kesari, the appellant in special Appeal No. 1140 of 2001, was appointed as a Class IV employee in the said college on 1. 9. 1973. A post of clerk, Le. , a Class III post in the college fell vacant on 30. 6. 1988 on the retirement of Sri Ram Gopal Kesari. The Committee of Management vide resolution dated 17. 5. 1990 decided to fill up the said post and promoted Ram Chandra Kesari on the ground that he is Intermediate and also possesses diploma in Library Science. The claim of the respondent-writ petitioner was ignored by the Committee of Management. The promotion of ram Chandra Kesari had been approved by the District Inspector of Schools, Allahabad vide order dated 17. 8. 1990. "

( 5 ) THE learned single Judge found that there was no sanctioned post of Librarian in the college and as a matter of fact a post of clerk, i. e. , a Class III post had fallen vacant, which was to be filled up by way of promotion from amongst Class IV employees working in the college. The learned single Judge further found the respondent-writ petitioner to be the senior most person and was fully qualified for being promoted on the said post. Accordingly, he came to the conclusion that Ram Chandra Kesari could not have been promoted on the post of clerk ignoring the right of the petitioner and, therefore, the recommendation of promotion as well as approval granted by the District Inspector of Schools, Allahabad vide order dated 7. 8. 1990, was quashed.

( 6 ) FEELING aggrieved by the aforesaid order, both Ram Chandra Kesari and the Committee of management of the college have preferred separate special appeals.

( 7 ) SRI R. N. Singh, learned senior counsel submitted that the post, which had fallen vacant in the college was that of clerk-cum-llbrarlan, which fact also stands admitted by the respondent-writ petitioner in his application, when he had sought promotion on the said post. According to him since the respondent-writ petitioner is not-holding any diploma in Library Science, he is not fit for being appointed on the post of clerk-cum-librarian and it was for the college to find out the most suitable person for the post of clerk-cum-librarian and accordingly, the promotion of Ram chandra Kesari, who was holding a diploma in Library Science and was qualified for the said post, had rightly been made. He further submitted that Ram Chandra Kesari has been working on the said post for the last more than ten years and, therefore, his promotion should not be disturbed at this stage. He relied upon a Division Bench Judgment of this Court in the case of rajendra Prasad Srivastava