The main legal point established in the judgment is the interpretation of eligibility criteria for ad hoc promotion and the authority's jurisdiction to review promotion orders.

( 1 ) SRI Devi Mandir Kanya Inter College, Khatauli, Muzaffarnagar (for short called, the College)admittedly is a Government aided Girls Inter College which is a recognised Institution as contemplated under the provisions of the U. P. Intermediate Education Act, 1921 (as amended up to date) and the provisions of Payment of Salaries Act, U. P. Secondary Education Services commission Act (as amended from time to time), Rules and Regulations framed thereunder.

( 2 ) THE petitioner was initially appointed as Assistant Teacher (C. T. Grade) in the College on august 8, 1988 on ad hoc basis on substantive vacancy vide appointment letter dated 8. 8. 1988/annexure-1 to the writ petition. The petitioner could not join the post for some reasons and being constrained, filed Writ Petition No. 5247 of 1989 in which the learned Single Judge passed interim order on the application of the petitioner directing that subject to any further orders passed by this Court, the respondent Nos. 1, 2 and 3 shall allow the petitioner to join the institution as Teacher in the C. T. Grade and pay her salary due to her in C. T. Grade regularly on month to month basis. It is further ordered that in case the writ petition is ultimately dismissed as against the petitioner, she shall refund the entire amount received by her by virtue of the said interim order dated 18. 5. 1989 (Annexure-2 to the writ petition ). The Manager of the Institution vide letter dated 7. 6. 1989 (Annexure-3 to the writ petition) addressed to the petitioner written with reference to her application along with aforementioned interim order dated 18. 5. 1989, informed that she should join the College immediately as Assistant Teacher in C. T. Grade.

( 3 ) THE petitioner joined the College in pursuance to the aforesaid order, issued by the Manager of the College on 12. 6. 1980, as is evident from the certificate issued by the Principal of the College dated 3. 7. 1992 (Annexure-4 to thewrit petition ).

( 4 ) IT appears that in view of the then existing provisions under the law, the Regional Inspectress of Girls Schools, Region-I, Meerut vide letter dated 11. 8. 1992 (Annexure-5 to the writ petition), addressed to the Principal/manager of the College with reference to their letter dated 3. 7. 1992, recommending for regularisation of the service under Government Order dated 6. 4. 1991, accorded approval for regularising the services of the petitioner w. e. f, 6. 4. 1991 and treating the petitioner on one years probation w. e. f, the said date. The said letter of the R. I. G. S. further shows that the petitioner was appointed on the basis of her selection as per regional office letter dated 8. 8. 1988. A perusal of the Annexure-5 further shows that the R. I. G. S. did send back the original record of the petitioner with reference to the Regional Office letter dated 8. 8. 1988.

( 5 ) THE Deputy Director of Education-II, Region-Ist, Meerut vide letter dated 19. 7. 1995/annexure-7 to the writ petition, addressed to the Manager, with reference to the managements proposal for making temporary/ad hoc promotion of the petitioner, informed that petitioners promotion as Assistant Teacher (L. T. Grade) was being approved with the condition that in case it is discovered in future that any facts are concealed, the responsibility would be on the Management. The said order of the Deputy Director of Education (Annexure-7 to the writ petition) shows that the petitioner was promoted against substantive vacancy as Assistant teacher (L. T. Grade), against 50% promotion quota, which was earlier held by Smt. Dayal satsangi who had retired. The said approval of the promotion appears to have been accorded in favour of the petitioner in view of U. P. Secondary Education Service Rules, 1983 or U. P. Secondary Education Services Commission Rules, 1995 which were published in U. P. Gazette, part-I, dated August, 1995.

( 6 ) WHATEVER be the Rules existing at the relevant time, the position in law was the same