Hon’ble A.P. Sahi, J.—Heard Sri Prakash Padia, learned counsel for the petitioner, learned Standing Counsel for Respondent Nos. 1, 2, 6 and 7 and Sri Shashi Kant Shukla for Respondent No. 5.

Counter-Affidavits have been filed on behalf of Respondent Nos. 3 and 4 as well.

2. The dispute relates to the claim of promotion of the petitioner on the post of Lecturer (History) in Dayanand Inter College, Amritpur, district - Farrukhabad, which is an institution governed by the provisions of U.P. Intermediate Education Act, 1921 and the U.P. Secondary Education Service Selection Board Act and the regulations framed thereunder.

3. The vacancy on the post of Lecturer in History came into existence on the retirement of the permanent incumbent on 30.6.1998. The respondent No. 5 is admittedly senior to the petitioner and one Shishu Pal Singh was also senior to the petitioner and the Respondent No. 5. The Respondent No. 5 succeeded in completing his Post Graduation in the subject of History with the declaration of his result on 8.7.1998. The Respondent No. 5 was, therefore, admittedly not qualified on the first day of the year of recruitment upon the vacancy coming into existence. The rel