Honble V.K.Shukla, J.—In the district of Aligarh there is an institution known as Champa Inter College, Alipur, District Aligarh. Said institution is duly recognized institution and is governed by the provisions as contained under U.P. Act No. II of 1921. Said institution is in grant-in-aid list of the State Government and the provisions of U.P. Act No. 24 of 1971 are fully applicable to the said institution. In the said institution in all three posts of Clerk have been sanctioned which is inclusive of one post of Head Clerk and two posts of Assistant Clerk. Post of Head Clerk fell vacant on account of retirement of Shri Dharm Pal Singh 21.12.2000. In the said vacancy senior most Assistant Clerk Sri Kanta Prasad Sharma was promoted and his promotion was duly approved by the District Inspector of Schools vide order dated 20.12.2001. Qua remaining post of Assistant Clerk, one post stood filled up by making appointment of Smt. Prem Kumari in the year 1988 under Dying in Harness Rules and her appointment as such is one by way of direct recruitment, and hence 2nd post of Assistant Clerk was to be filled up by way of promotion. Managing Committee of institution passed resolution