JUDGMENT :

Sudhir Agarwal, J.

1. Heard Sri Madan Mohan Srivastava, learned counsel for petitioner and learned Standing Counsel for State-respondents.

2. A writ of certiorari has been prayed by sole petitioner Smt. Sandhya Srivastava for quashing order dated 02.09.2004 passed by Additional Director of Education (Secondary), U. P., Allahabad (hereinafter referred as 'ADE(S)') cancelling promotion of petitioner and another teacher on post of Lecturer on the ground that they did not satisfy requisite eligibility conditions. A writ of mandamus has also been prayed directing respondents not to interfere in the functioning of petitioner as Lecturer in Government Girls Inter College, Azamgarh and to pay her admissible salary as payable since 31.07.2003.

3. Facts, in brief, giving rise to present writ petition are that petitioner was appointed as Assistant Teacher (L.T. Grade) on ad hoc basis on 30.08.1990 in Government Higher Secondary School, Barha, Lalganj, Azamgarh, where she joined on 14.09.1990. She was transferred to Government Girls Inter College, Azamgarh and thereat she was regularized as Assistant Teacher (L. T. Grade) vide order dated 08.06.2002 in view of Government Order dated 17.08.2001. Thereafter by order dated 07.07.2003, petitioner was promoted as Lecturer (English) and posted in Government Girls Inter College, Atraulia, Azamgarh. However, aforesaid promotion order has been cancelled by impugned order dated 02.09.2004 on the ground that petitioner did not possess requisite eligibility qualifications. This order has been challenged on the ground that it is in utter violation of principles of natural justice, contrary to Rules and it is incorrect that petitioner did not possess requisite qualification on the post of Lecturer (English).

4. A counter affidavit has been filed stating that for promotion to the post of Lecturer, incumbent must have five years satisfactory service after substantive appointment and other qualifications, which the petitioner did not fulfill, hence, her promotion was wrongly made and when detected, it has been cancelled.

5. During course of argument, learned counsel for the parties admitted that promotion in the present case on the post of Lecturer in Government Girls Inter College is governed by Uttar Pradesh Special Subordinate Educational (Lecturer's Cadre) Service Rules 1992 (hereinafter referred as 'Rules 1992). Rule 5 of Rules 1992 talks of source of recruitment and divides Lecturer's cadre in Men's branch & Women's branch and reads as under:-

“5. Source of recruitment.-Recruitment to the various categories of posts in the Service shall be made from the following sources :

Lecturers-Men's Branch :

(i) Fifty per cent by direct recruitment through the Commission.

(ii) fifty per cent by promotion from amongst substantively appointed Subordinate Education Service L. T. Grade Teachers (Men's Branch) who have completed five years' service, as such, on the first day of the year of recruitment and who possess the requisite qualification prescribed for the post under Rule 8:

Provided that till the cadre of Extension Teachers and Craft Teachers of L. T. Grade of the Orientation Scheme is absorbed, the 50 per cent vacancies of the promotion quota shall be filled in as follows :

(a) Forty per cent from amongst substantively appointed Subordinate Education Service L. T. Grade Teachers who have completed five years' service, as such, on the first day of the year of recruitment and who possess the requisite qualification prescribed for the post under Rule 8 ;

(b) Ten per cent from amongst substantively appointed Extension Teachers and Craft Teachers of L. T. Grade of the Orientation Scheme, who have completed five years' service, as such, on the first day of the year of recruitment and who possess the requisite qualification prescribed for the post under Rule 8.

Lecturers-Women's Branch :

(i) Fifty per cent by direct recruitment through the Commission.

(ii) Fifty per cent by promotion from amongst substantively appoint