( 1 ) THE question that arises for determination in this Special Appeal directed against the judgment of a learned single Judge is : Whether a post falling within 50% promotion quota as visualised by regulation 5 of Chapter II of the regulations made under the U. P. Intermediate Education Act. 1921 (in short the Act) would automatically lapse and be deemed to have been surrendered under Regulation 20 of Chapter II if no eligible and qualified candidate is available for promotion and the Committee of Management ultimately decides, after ninety days of the occurrence of vacancy, to fill up the post by direct recruitment?

( 2 ) THE facts giving rise to this appeal may be stated briefly as thus : Majidla Islamia Inter college, Allahabad, is a minority Institution. Appointment of teachers in the institution is governed by the provision of Section 16ff of the Act. A vacancy in the post of Lecturer commerce occurred in the institution on 30. 6. 1990 on retirement of permanent incumbent Mohd. Ahmad. The post was covered by 50% quota reserved for being filled in by promotion as visualised by Regulation, 5 of Chapter II of the Regulations framed under the Act. The committee of