Hon’ble A.P. Sahi, J.—This dispute between Shri Kashmir Singh Yadav and Shri Rampal Sahu relates to the post of lecturer in English, which fell vacant on 10th May, 1996 in Dr. Chiranji Lal Rashtriya Inter College, Kidwai Nagar, Kanpur Nagar due to the death of a permanent incumbent Shri Jagdish Narain Dixit.

2. The institution is governed by the provisions of the U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder and by the provisions of U.P. Secondary Education Services Selection Board Act, 1982 and the Rules framed thereunder.

3. Shri Kashmir Singh Yadav contends that he was appointed in L.T. grade on 30th April, 1988 and was the senior most qualified teacher, entitled for being promoted in lecturer in English in the institution. It is, however, not disputed that Shri Kashmir Singh Yadav was not M.A. in English on the date of the occurrence of vacancy i.e. 10.05.1996. His results of M.A. in English were declared thereafter. The final year examinations of M.A. were conducted by Shri Shahu Ji Maharaj University, Kanpur in 1996, in which Shri Kashmir Singh Yadav had appeared in March 1996.

4. The contention raised on behalf of Shri Kashmir Singh Yada