The central legal point established in the judgment is the requirement of five years continuous regular service and substantive status for promotion in educational institutions, as outlined in the relevant Acts and Rules.

In writ petition no. 13771 of 2007, the petitioner is seeking a direction to the Regional Selection Committee and Chairman Joint Director of Education, VIIth Region, Gorakhpur to consider the claim of the petitioner for promotion on the post of lecturer in Sociology and challenging the promotion of respondent no. 6, namely, Sri Radhey Shyam Prasad.

2. In writ petition No. 27873 of 2007, the petitioner prays for quashing of the order dated 01. 06. 2007 passed by Joint Director of Education, VIIth Region, Gorakhpur by which claim of respondent no. 6 for his appointment as Officiating Principal of the college has been accepted and the claim of the petitioner has been rejected and further for quashing of the promotional order dated 15. 6. 2004 promoting the respondent no. 6 on the post of lecturer.

3. Since the common cause is involved in both the writ petitions, same are being disposed of by a common order.

4. Brief facts of the case giving rise to the present writ petitions are as follows.

(i) There is a college named as Maninath Inter College, Nonapar District Deoria, which is recognised/government aided intermediate College imparting education to boys and girls from Class VI to Class XII. It is governed by the provisions contained under U. P. Intermediate Education Act, 1921as

well as U. P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as "act, 1982") and the Rules framed thereunder and also under U. P. High Schools & Intermediate College (Payment of salaries of Teachers & other Employees) Act, 1971.

(ii) Sri Lalit Kumar Mishra was initially granted regular appointment in L. T. grade on 25. 07. 1983 and after expiry of the period of probation, he was confirmed in L. T. Grade w. e. f. 25. 07. 1968. He passed M. A. in Sociology in the year, 1975 from Gorakhpur University. He was granted selection grade of L. T. w. e. f. 25. 07. 1983 and promotion grade of L. T. w. e. f. 1. 1. 1996 under the relevant Government orders. A post of Sociology lecturer in the college fell vacant on account of retirement of its permanent incumbent Sri Jagdish Tiwari on 30. 06. 2003. He claimed promotion on the post of lecturer being senior -most qualified teacher. Instead of considering his claim for promotion Sri Radhey Shyam Prasad who was appoined in L. T. Grade on adhoc basis on 02. 04. 1993 was given promotion on 15. 06. 2004. it is claimed that the services of Radhey Shyam Prasad was never regularised. Challenging the promotion of Radhey Shyam Prasad on the post of lecturer and denial of his claim on the said post, he filed writ petition no. 13771 of 2007. During the course of argument, it is informed that Sri Lalit Kumar Mishra retired on 30. 06. 2007 during the pendency of the writ petition. It may be mentioned here that on 14. 03. 2007, when the writ petition was entertained, this Court has observed that continuance of respondent no. 6 i. e. Radhey Shyam Prasad shall abide by final order to be passed by this Court.

(iii) In the aforesaid college, Shriram Mani Tripathi the petitioner in writ petition no. 27873 of 2007 was initially appointed in L. T. Grade on 09. 07. 1973 and was placed on probation for a period of one year and after expiry of probation he was confirmed in L. T. Grade w. e. f. 09. 07. 1974. He was trained graduate (B. Sc. , B. Ed.) at the time of his appointment and subsequently passed M. A in Political Science in the year, 1978 from Gorakhpur University. He was granted selection grade of L. T. Grade teacher w. e. f. 01. 01. 1986 and subsequently was granted promotional pay scale of L. T. Grade w. e. f. 01. 01. 1998 under the relevant Government orders. It is claimed that on the retirement of Harihar Pandey lecturer in Civics on 30. 06. 1996 post was fell vacant, the petitioner being the senior most claimed the promotion as a lecturer in Civics. It is claimed that the petitioner has been considered and resolution in this regard was drawn by the Committee of Management in its meet