Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—The present reference to the Full Bench was made by a learned Single Judge of this Court on 20 December 2006; the issue referred for adjudication being as follows:

“Which date will be relevant for the purpose of determination of criteria of availability and eligibility for promotion to the post of Lecturer grade i.e. the date on which vacancy occurs to forward to the Selection Committee/Commission or the first day of year of the recruitment when the vacancy is notified for recruitment?”

2. The Uttar Pradesh Secondary Education (Services Selection Board) Act, 1982 established a Board for the selection of teachers in institutions recognised under the Intermediate Education Act, 1921. The Statement of Objects and Reasons appended to the introduction of the Bill in the State Legislature furnished the following rationale for the constitution of a statutory Board:

“The appointment of teachers in secondary institutions recognised by the Board of High School and Intermediate Education was governed by the Intermediate Education Act, 1921 and regulations made thereunder. It was felt that the selection of teachers under the provisions