Hon’ble Arun Tandon, J.—Facts giving rise to this writ petition are as follows :

Petitioner Ram Prakash Sharma and private respondent Raja Ram Yadav are Assistant Teachers, appointed in L.T. Grade in Jan Kalyan Inter College, Dalvali, Aligarh (hereinafter referred as the Institution). The Institution is recognized and aided under the provisions of Intermediate Education Act, 1921. The provisions of the U.P. Act No. 24 of 1971 and those of the U.P. Secondary Education Services Selection, 1982 are fully applicable to the Teachers to the said Institution.

2. One Sri Lalji Singh Verma, who was permanent Principal of the Institution retired on 30.6.1992. The Senior most Teacher, namely, Munshi Lal Verma, Lecturer in Hindi, was granted ad hoc promotion as Principal of the Institution against the vacancy so caused. Accordingly, a short term vacancy came into existence on the post of Lecturer Hindi. At the relevant point of time petitioner was senior most Teacher possessed of the prescribed qualification in the institution. He was granted ad hoc promotion on 6.7.1997 as Lecturer Hindi. The ad hoc promotion of the petitioner was approved by D.I.O.S. on 29.12.1992.

3. Munshi Lal Verma retired on 30.6.2001, as a consequence thereto the vacancy on the post of Lecturer Hindi, which was short term initially, stood converted into substantive vacancy. In view of the Division Bench judgment of this Court reported in Surendra Kumar Srivastava v. State of U.P. and others. Reported in 2007 (1) ESC 118, the appointment offered to the writ petitioner on ad hoc basis against short term vacancy came to an automatic end.

4. The vacancy caused on 30.6.2001 which was substantive in nature is required to be filled as per the U.P. Secondary Education Services Selection Board Rules, 1998 hereinafter referred to as Rules 1988. It is not disputed between the parties that Rule 14 of Rules 1998 will hold the field. Under order dated 27.8.2001, salary which was earlier being paid to the petitioner in Lecturer Grade was suspended. By means of subsequent order of the Joint Director of Education dated 11.10.2001, respondent No. 2 Raja Ram Yadav has been directed to be promoted on the post of Lecturer Hindi. It is against these two orders that present writ petition has been filed. The promotion granted to Raja Ram Yadav is challenged on following two grounds.

(a) Raja Ram Yadav obtained a degree of M.A. in Hindi in 1999 and, therefore, on the first day of the year of recruitment with reference to the date of substantive vacancy on the post of Lecturer Hindi i.e. 30.6.2001 he had not completed five years of substantive service as L.T. Grade Teacher with requisite qualification applicable to the post of Lecturer Hindi i.e. he had not completed five years of service as L.T. grade teacher after obtaining degree of M.A. in Hindi and, therefore, not eligible for being considered for promotion counsel for the petitioner has placed reliance upon the judgments of this Court in the case of Usha Goyal v. State of U.P., 2004 (3) ESC 1187 and in the case of Shail Kumari v. State of U.P., 2007(1) ESC 118.

(b) In view of Section 33(c) of the U.P. Secondary Education Services Selection Board Act, 1992, Munshi Lal Verma was entitled to be regularized as Principal w.e.f. 6.8.1999 and the said date is to be taken as the date for determining the first date of the year of recruitment. Admittedly on the relevant date Raja Ram Yadav was not having a degree of M.A. in Hindi, which is the essential qualification for appointment as Lecturer Hindi and therefore ineligible for being promoted.

5. It has been brought to the notice of the Court that Sri Munshi Lal Verma filed Writ Petition No. 29155 of 1999 for regularization of his promotion as Principal however no interim relief was granted. In view of retirement of Munshi Lal Verma the writ petition has become infructuous.

6. The contention raised on behalf of the petitioner is opposed by Sri Ramesh Upadhyaya, Advocate and it is contended th