The judgment emphasizes the need for compliance with the Principles of Natural Justice and the requirement for reasoned orders in quasi-judicial decisions. It also underscores the role of the statutory selection committee in assessing suitability for promotion.

Pradeep Kumar Singh Baghel, J.

The petitioner is a lecturer in an intermediate college. He has instituted this writ petition for seeking quashment of an order dated 17.10.2014 passed by the Joint Director of Education, Faizabad Region, Faizabad, whereby he has decided the seniority viz-a-viz, the respondent no. 6 who is also a lecturer in the same institution.

2. The essential facts are Bachchu Lal Inter College, Purabazar, Faizabad (in short 'the college') is a recognized intermediate college by the Board of High School and Intermediate Education. It receives financial aid from the State Government. The affairs of the college, the teachers and the employees are governed under the provisions of the Uttar Pradesh Intermediate Education Act 1921.

3. It is stated that the U.P. Secondary Education Services Board, issued an advertisement inviting the applications for the appointment to the post of Lecturers in different subjects. The petitioner made an application pursuant to the said advertisement and was selected for the post of Lecturer, Geography. The Board vide its communication dated 23.02.2003, addressed to the District Inspectors of Schools, Faizabad sent the name of the petitioner for the appointment on the post of the Lecturer, Geography. Consequent upon, the District Inspector of Schools on 23.02.2003 forwarded the said communication to the authorized controller who was managing the affairs of the college for the appointment of the petitioner. The authorized controller issued an appointment to the petitioner. The petitioner joined on 12.03.2003. The petitioner has placed a joining report on record as Annexure No. 11 to the writ petition.

4. It is stated that there were 15 posts of Lecturers in the college in the year 1999. Under the 50% promotional quota, 7 teachers were already promoted, thus, there was only one post under promotion quota for L.T. Grade Teachers. It is stated that on the Retirement of Awadh Bihari Singh (Lecturer Economics), the Committee of Management has taken a resolution to promote one Rajendra Pratap Singh-II, the L.T. Grade Teacher as Lecturer Economics. No decision was taken by the authority concerned regarding his promotion. Thereafter another vacancy occurred in the post of the Lecturer Psychology for the promotion of the respondent no. 6 Devendra Singh. A copy of the resolution of the Committee of Management is on record.

5. It is stated that the respondent no. 6 namely Devendra Singh was a L.T. Grade Teacher and he was regularised on 26.09.2000. Hence, he was not qualified to be considered for promotion, hence the resolution dated 24.06.2002 promoting him on the post of Lecturer Psychology was illegal on two grounds. Firstly, there was only one post under the promotion quota against which Sri Rajendra Prasad Singh was promoted as a Lecturer Mathematics. Secondly, the respondent no. 6 did not have requisite experience of five years either on the date of the vacancy or when the decision was taken to promote him on 24.06.2002.

6. It is averred in the writ petition that the resolution dated 24.06.2002 was sent for promotion of the respondent no. 6 to the respondent no. 2, Joint Director of Education, Faizabad Region, Faizabad, who placed it before the Regional Level Committee, Faizabad Division, Faizabad.

7. On 12.09.2002, the respondent no. 2 returned the papers to the respondent no. 3, the District Inspector of Schools, Faizabad to consider the matter as there was dispute with regard to the promotion of Rajendra Prasad Singh and the respondent no. 6.

8. On 05.10.2002, the respondent no. 3 sent a communication to the authorized controller and Principal of the college to send the documents in respect of the promotion of Rajendra Prasad Singh and Devendra Singh, the respondent no. 6. The Principal, thereafter sent the papers back to the Regional Level Committee through the District Inspector of Schools.

9. The Regional Level committee on 02.07.2003 approved the promotion of respondent no.