Hon’ble Sudhir Agarwal, J.—Sri Sunil Tiwari holding brief of Sri P. Padia for the petitioner, learned Standing Counsel for respondent Nos. 1 and 2 and Sri Manoj Kumar for respondent No. 3 have been heard. As requested by learned counsel for the parties, the writ petition is being decided finally at this stage under the Rules of the Court.

2. The order dated 15th June, 2005 passed by the District Inspector of Schools, Moradabad (hereinafter referred to as ‘DIOS’) (Annexure No. 10 to the writ petition) is impugned in this writ petition aggrieved whereagainst petitioner has sought a writ of certiorari for quashing the same. DIOS has held that post of Lecturer (Geography) is to be filled in by promotion for which respondent No. 3 was eligible. He has directed the Committee of Management of Sarvodaya Inter College, Dinari, District Moradabad (hereinafter referred to as “College”) to send proposal for promotion of respondent No. 3.

3. The facts in brief giving rise to the present dispute are as under.

4. The College is an Intermediate educational institution recognized by the Board of High School and Intermediate and is governed by U.P. Intermediate Education Act, 1921 (in short “1921 Act”), The Uttar Pradesh Secondary Education Services Selection Board Act, 1982 Act (in short “1982 Act”) and The Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 Act (in short “1971 Act”).

5. There are six sanctioned post of lecturers in the College i.e. Lecturer in Hindi, Sanskrit, Economics, Civics, English and Geography. On 30th June, 2002, one Chet Ram, working as Lecturer (Hindi), retired on attaining the age of superannuation. The position of teachers working on various posts of Lecturer as on 1st July, 2002 (i.e. after retirement of Chet Ram) was as under:

1. Bharat Singh Direct Recruitment Lecturer (Civics)

2. Jai Pal Singh Promotion Lecturer (Economics)

3. Hari Om Singh Promotion Lecturer (Sanskrit)

4. Fakir Mohd. Promotion Lecturer (Geography)

5. Noman Ahmad Direct Recruitment Lecturer (English)

6. After retirement of Sri Chet Ram, Lecturer (Hindi), on 1st July, 2002, three posts of lecturers were already filled in by promotion. Thus quota of promotion was full and a vacancy existed for direct recruitment.

7. On 30th June, 2003 Sri Fakir Mohammad and Noman Ahmad retired on attaining age of superannuation causing vacancies on the post of Lecturer (Geography) and (English). However, Sri Thakari Singh, an Assistant Teacher, L.T.Grade, who was eligible and senior, even before occurrence of any vacancy represented the Management in early part of 2002 to promote him on the post of Lecturer (Hindi). The Management resolved to promote him on such post. The resolution was passed on 28th February, 2002 by the Management in anticipation of vacancy. On occurrence of vacancy on 1st July, 2002, after retirement of Chet Ram on 30th June, 2002, Sri Thakari Singh was promoted as Lecturer (Hindi) on ad hoc basis in promotion quota subject to approval by the competent authority under 1982 Act ignoring the fact that no vacancy in promotion quota existed. Papers for approval of Sri Thakari Singh were forwarded to DIOS on 26th September, 2002.

8. The Management further in anticipation of two vacancies of Lecturer (Geography) and Lecturer (English) due to retirement of Sri Fakir Mohd. and Noman Ahmad on 30th June, 2003 resolved to send requisition to Selection Board and sent the same on 27th July, 2002 for filling in the said two post by direct recruitment. The DIOS by his letter dated 12th August, 2002 forwarded the said requisition to Selection Board, Allahabad. The Management of the College by letter dated 14th October, 2003 informed DIOS that in October, 2003, one post of lecturer i.e. Lecturer (Civics) was occupied by a candidate appointed by direct recruitment and two posts of lecturer i.e. Lecturer (Economics) and Lecturer (Sanskrit) are occupied by the promotees whil