The relevant date for eligibility for promotion under Section 18 of the U. P. Secondary Education Service Commission and Selection Board Act, 1982 is the date on which the management decides to make ad-hoc appointment.

R. A. Sharma, J.

1. On account of retirement of Economics lecturer on 30-6-1985 the post of lecturer in Economics fell vacant In Shri Krishna Pathshala Intermediate College Azamgarh (hereinafter referred to as the college). ON 1-7-1985 the Committee of Management sent a requisition to the District Inspector of Schools (hereinafter referred to as D.I.OS.) for selection of a lecturer in Economics by Secondary Education Commission. The D.I.O.S. by letter dated 31-10-1985 recommended the name of reserve-pool teacher for appointment against the aforesaid vacancy, but the teacher declined to join the college, and D.I.O.S. thereupon sent a requisition to the Secondary, Education Commission, through Deputy Director of Education for selection of Economies lecturer.

2. Section 18 of the U. P. Secondary Education Service Commission and Selection Board Act, 1982 (hereinafter referred to as Act) provide for the appointment of a teacher ) on ad-hoc basis if the management has notified the vacancy to the Commission under the Act and the Commission has failed to recommend a suitable candidate for appointment within one year or the post of such teacher has actually remained vacant for more than two months. Sub-section (1) of Section 18 is quoted below :

"(1) Where the management has notified a vacancy to the Commission in accordance with the provisions of this Act, and- (a) the Commission has failed to recommend the name of any suitable candidate for being appointed as a teacher specified in the Schedule within one year from the date of such notification ; or (b) the post of such teacher has actually remained vacant for more than two months, then, the management may appoint, by direct recruitment or promotion, a teacher on purely ad-hoc basis from amongst the persons possessing qualifications prescribed under the Intermediate Education Act, 1921 or the regulation made thereunder.''

As no selection has been made by the Commission and the post remained vacant for more than two months, the management decided to make ad-hoc appointment and applications were accordingly invited on 1-4-1986 for appointment of a lecturer in Economics by direct recruitment on ad-hoc basis. Sri Narendra Singh, respondent No. 4, ;was selected on 6-7-1986 as lecturer in Economics and appointment letter dated 8-7-1986 was issued to him by the management. The petitioner, who is a teacher in the College, has filled this writ petition for quashing the appointment letter issued to respondent no. 4 and for consideration of his name for promotion to the post of lecturer in Economics.

Relying on the decision of a Division Bench of this court in Charu Chandra Tiwari v. District Inspector of Schools, 1990 AWC (Vol. I) 310= 1990 LB and EC 160, the learned counsel for the petitioner has argued that a vacancy on ad-h0c basis under Section 18 has to be filled by promotion and the method of direct recruitment can be adopted only if eligible teachers for promotion are not available and as the petitioner is senior most teacher eligible for promotion to the post of lecturer, he should have been promoted and selection by direct recruitment of respondent no. 4, as such, is void. The contention of learned counsel for respondent no. 4, on the other hand, is that the petitioner was not eligible on the relevant date and is not entitled to be promoted.

3. Under clause (b) of Sub-section (1) of section 18 a person in order to be appointed must possess the qualifications prescribed in the Intermediate Education Act or Regulations made thereunder. Appendix-A to Chapter II of Regulations framed under the Intermediate Education Act lays down minimum qualifications for appointment of a teacher in Intermediate college. For lecturer minimum qualification is M. A. The petitioner was not having M. A. degree but his case is that he appeared in M. A. examination some time in April, 1986 and was declared pass on 11-7-1986, the consequence of which is that the petitioner shall be deemed to have passed t