T. Nandakumar, J.:- Heard Mr.A.Bimol, learned counsel appearing for the appellant, Mr.N.Jotendro, learned counsel for respondent/petitioner and Mr.Th.Ibohal, learned GA appearing for the State respondents. [2] The fact, stated in short, of the respondents/writ petitioners case, leading to the filing of the writ petition (c)No.574 of 1999 is that when the petitioner was serving as Principal of the Mekola Gulap Higher Secondary School on in-charge basis he filed Writ petition(c) No.574 of 1999 against the present State respondents and others for a direction to the State respondents to consider his case for appointment by promotion to the post of Principal/Vice Principal against the existing vacancies numbering about 17 in the Higher Secondary Schools, Government of Manipur. Admittedly, the educational qualification of the respondent/petitioner is only B.A Hons. and B.T. [3] The Governor of Manipur in exercise of power conferred under proviso to Rule 309 of the Constitution of India makes the Rule called “Manipur (Vice Principal, Higher Secondary Schools) Recruitment Rules, 1996” vide order No.1/30/95-Recruitment Rules/DP dated 23.1.1996, copy of which is available at Annexure- WA/3 to the present Memo of Appeal. According to the said Recruitment Rules for the post of Vice Principals in the Higher Secondary Schools, the post of Vice principals are to be filled up cent percent by promotion from the Lecturers of Higher Secondary School possessing 2nd Class Masters Degree with BT/Bed/Equivalent Diploma with 5 (five) years' regular service in the grade; provided that not more than 30% of the vacancies shall be filled from amongst the Lecturers of the erstwhile Govt.Aided/Private Hr.Sec.Schools who were later absorbed in Govt service and the remaining vacancies from amongst the other Lecturers. According to the said Recruitment Rules, the essential educational qualification of Lecturers for appointment by promotion is 2nd class Masters Degree but admittedly, the respondent/writ petitioner, Shri Ch.Raghumani Singh is not having the said educational qualification for appointment by promotion to the post of Vice Principal of Higher Secondary Schools. [4] It is also admitted case of both the parties that the petitioner is also one of the member of the association called “The Manipur Higher Secondary Lecturers' Association, Imphal, Estd., Nov. 12, 1981. [4] It is also admitted case of both the parties that the petitioner is also one of the member of the association called “The Manipur Higher Secondary Lecturers' Association, Imphal, Estd., Nov. 12, 1981. The said Association had approached this court by filing Civil Rule No.127 of 1989 against the State Respondents and others seeking for a direction to open promotional avenues of the Lecturers of Higher Secondary Schools, having the educational qualification of BA/B.Sc (Hons) and BT. The said Civil Rule was finally disposed of by passing judgment and order dated 17.11.1997 where it is crystal clear that the present petitioner who is one of the member of the All Manipur Higher Secondary Lecturers' Association is not at all eligible for appointment by promotion to the post of Vice Principal of the Higher Secondary Schools. [5] The Constitution Bench of the Apex Court in a recent decision in Secretary, State of Karnataka & Ors Vs Uma Devi (3) & Ors: (2006) 4 SCC 1 , in clear and unequivocal terms held that recruitment to the post could only be made in terms of the accepted constitutional scheme which included the Recruitment Rules prepared by the Governor, in exercise of power under proviso to Article 309 of the Constitution of India. Admittedly, in the present case, since the respondent/petitioner is not eligible for appointment by promotion to the post of Vice Principal of the Higher Secondary Schools he cannot be considered for appointment by promotion to the post of Vice Principal of Higher Secondary Schools. [6] Learned counsel for the respondents/appellants submits that there is promotional avenue for the Lecturers of Higher Secondary Lecturers having the educational qualification of B.A, B.Sc, (Hons) with B.T. such as Deputy Inspector of Schools etc. [7] Learned counsel for the respondent/petitioner also submits that the petitioner had already been retired on superannuation. Such being the situation, we are of the considered view that this Writ Appeal is almost infructuous inasmuch as the direction made by the learned Single Judge is a direction in personal. [7] Learned counsel for the respondent/petitioner also submits that the petitioner had already been retired on superannuation. Such being the situation, we are of the considered view that this Writ Appeal is almost infructuous inasmuch as the direction made by the learned Single Judge is a direction in personal. And the part of the judgment and order of the learned Single Judge dated 1.2.2000 passed in CR No.574 of 1999 to the effect that; the present posting of the writ petitioner as in-charge Principal of Mekola Gulap Higher Secondary School, Mekola shall not be disturbed; is required to be interfered with inasmuch as the direction could not be made to allow an inefficient person to hold the post of Vice Principal/Principal. [8] For the reasons discussed above, we are of the considered view that Lecturers of Higher Secondary Schools having the educational qualification of only BA, BSc (Hons) and BT/B.Ed cannot be considered for appointment by promotion to the post of Principal/Vice Principal, Higher Secondary School inasmuch as the essential qualification for appointment by promotion to the post of Principal/Vice Principal, Higher Secondary Schools is 2nd Class Masters Degree holders. Writ Appeal is infructuous and disposed of and closed with the above observation and directions mentioned above.