Hon’ble Rajan Roy, J.—Heard Sri Anil Kumar Sharma, learned counsel for the petitioner.

2. By means of this writ petition, the petitioner is challenging the order dated 4.2.2011 passed by the Regional Selection Committee, Agra Region, Agra, by which his claim for promotion to the post of lecturer-Physics has been declined on the ground that on the date of occurrence of vacancy, he did not possess requisite five years qualifying service on the feeder post of Assistant Teacher, as is required under Rule 14 of the relevant Rules of 1998.

3. The petitioner claims to have been appointed as Assistant Teacher, L.T. Grade in Sri Parmeshwari Devi Dhanuka Saraswati Vidhya Mandir, Vrindawan, District Mathura, on a regular substantive post, on 30.10.1996, and worked as such till 31.7.2004, thereafter, the petitioner was selected by the U.P. Secondary Service Selection Board, Allahabad for appointment as Assistant Teacher, L.T. Grade on 23.11.2004 in pursuance to an advertisement issued by it in this regard under the provisions of the Uttar Pradesh Secondary Education [Services Selection Boards] Act, 1982 and the Rules of 1998 made thereunder and was allotted Sri Krishna Uchchatar Madhyamik Vidyalaya, Parlauni, Mathura. Thereafter, the petitioner was transferred on the basis of mutual consent between Sri Krishna Uchchatar Madhyamik Vidyalaya, Parlauni, Mathura and Sri Vrindawan Vidhyapeeth Inter College, Vrindavan, District Mathura and appointed as Assistant Teacher L.T. Grade. He joined in the latter college on 26.5.2006.

4. Prior to this, i.e. on 30.6.2003, the post in question, i.e. the post of lecturer-Physics in Sri Krishna Uchchatar Madhyamik Vidyalaya, Parlauni, Mathura fell vacant on the retirement of the then incumbent Sri Chandra Prakash Dwivedi. The petitioner staked his claim for being eligible for consideration for promotion to the aforesaid post. The claim of the petitioner was not acceded by the authorities, who sent a requisition to the Commission for direct recruitment, as, according to them, no eligible Assistant Teacher L.T. Grade was available for promotion.

5. Being aggrieved, the petitioner filed a writ petition before this Court bearing Writ Petition No. 56559 of 2009, wherein, an interim order was passed that the selection held by the Commission on the post in question shall be subject to the further orders passed by the Court and also that it shall be open to the petitioner to get his promotion matter disposed of by the competent authority.

6. The petitioner filed a writ petition bearing Writ-A No. 1674 of 2011 challenging the select list prepared by the Commission. The said writ petition was disposed of inter alia with the observations that this second writ petition on the same cause of action would not lie, but so far as the promotion of the petitioner on the post of lecturer in Physics is concerned, the Regional Director of Education, Agra Region, Agra may take a final decision in pursuance to the aforesaid order i.e. the order dated 28.10.2009 passed in Writ Petition No. 56559 of 2009.

7. In the meantime, one Raghuwesh Kumar Sharma was selected by the Commission for direct appointment on the post in question and in pursuance thereof, he joined on 30.3.2011.

8. Thereafter, the claim of the petitioner for promotion was considered by the Regional Selection Committee and the same was rejected vide impugned order dated 4.2.2011 on the ground that the services rendered by him prior to his appointment on 23.11.2004 under the Act of 1982 and Rules made thereunder, i.e. the service rendered in Sri Parmeshwari Devi Dhanuka Saraswati Vidhya Mandir, Vrindawan, District Mathura could not be counted for computing the requisite five years regular service under Rule 14, therefore, he was not eligible for consideration for promotion.

9. The submission of the learned counsel for the petitioner is that as the petitioner was employed on regular basis in the earlier institution Sri Parmeshwari Devi Dhanuka Saraswati Vidhya M