JUDGMENT : YOGENDRA KUMAR SRIVASTAVA, J. 1. Heard Sri Yogesh Kumar Saxena, learned counsel for the appellants, Sri Mata Prasad, learned Standing Counsel for the State-respondents and Sri Anil Bhushan, learned Senior Advocate assisted by Sri Pratik Srivastava, learned counsel appearing for the fourth respondent. 2. The present intra-court appeal has been filed against the order dated 17.01.2020 passed in Writ-A No.875 of 2020 (C/M Bharti Inter College, Firozabad and another Vs. State of U.P. and 3 others). 3. Before the writ court, the order dated 27.12.2019 passed by the Joint Director of Education, Agra Division, Agra had been challenged whereunder a direction had been issued to the Committee of Management of the institution in question (the appellant herein) to forward the requisite papers to the District Inspector of Schools, Firozabad (DIOS) with a further stipulation that the papers which were submitted would be examined by the Inspector and transmitted to the Regional Level Committee for consideration of the claim of the fourth respondent for promotion. 4. The aforementioned order passed by the Joint Director of Education was pursuant to directions issued in an earlier judgment and order dated 08.10.2018 passed in Writ-A No.21639 of 2018 (Mahesh Chandra Vs. State of U.P. and 3 others) and after due consideration of the objections of the Committee of Management. 5. The arguments sought to be raised before the learned Single Judge that the fourth respondent was not possessing M.A. Degree as on the date of occurrence of vacancy i.e. 01.07.2008, was repelled for the reason that no such contention had been raised by the Committee of Management in its objections dated 11.12.2019 filed before the Joint Director of Education when the matter was being considered by the said authority although detailed written objections had been filed. 6. Learned counsel appearing for the appellants has, however, contended that in order to be considered for promotion the teacher concerned has to possess the necessary eligibility as on the first day of the year of recruitment, which in the present case is 01.07.2008, and according to him, the fourth respondent does not fulfil the eligibility criteria. As such, the direction to forward his papers to the Educational Authorities, is legally unsustainable. 7. In order to appreciate the controversy, the necessary statutory framework for recruitment by promotion in an institution recognised under the Intermediate Education Act, 1921 may be adverted to. 8. As such, the direction to forward his papers to the Educational Authorities, is legally unsustainable. 7. In order to appreciate the controversy, the necessary statutory framework for recruitment by promotion in an institution recognised under the Intermediate Education Act, 1921 may be adverted to. 8. The Uttar Pradesh Secondary Education Services Selection Board Act, 1982 was enacted to provide for establishment of a Secondary Education Service Selection Board for the selection of teachers in institutions recognised under the Intermediate Education Act, 1921. 9. Section 2(l) defines the 'year of recruitment' as follows: "(1) 'Year of recruitment' means a period of twelve months commencing from first day of July of a calendar year". 10. Chapter III of the Act deals with the procedure for selection by promotion. Section 12, which is a part of Chapter III, is in the following terms: "12. Procedure of selection by promotion.—(1) For each region, there shall be a Selection Committee, for making selection of candidates for promotion to the post of a teacher, comprising (i) Regional Joint Director of Education: — Chairman (ii) Senior most Principal of Government Inter College in the region: — Member (iii) Concerned District Inspector of Schools — Member/ Secretary (2) The procedure of selection of candidates for promotion to the post of a teacher shall be such as may be prescribed." 11. Section 32 stipulates that the provisions contained in the Intermediate Education Act, 1921 and its regulations would continue to be in force insofar as they are not inconsistent with the provisions of the Act or Rules or Regulations made under it, inter alia, for the purpose of selection, appointment and promotion in the rank of a teacher. 12. In exercise of the Rule making powers under section 35 of the Act, 1982, the Uttar Pradesh Secondary Education Services Selection Board Rule, 1998 were made. The procedure for recruitment by promotion is provided for under Rule 14 of the aforementioned Rules, and the same is as follows: "14. 12. In exercise of the Rule making powers under section 35 of the Act, 1982, the Uttar Pradesh Secondary Education Services Selection Board Rule, 1998 were made. The procedure for recruitment by promotion is provided for under Rule 14 of the aforementioned Rules, and the same is as follows: "14. Procedure for recruitment by promotion.—(1) Where any vacancy is to be filled by promotion, all teachers working in Trained graduates grade or Certificate of Teaching grade, if any, who possess the qualifications prescribed for the post and have completed five years continuous regular service as such on the first day of the year of recruitment shall be considered for promotion to the Lecturers grade or the Trained graduates grade, as the case may be, without their having applied for the same. Note.—For the purposes of this sub-rule, regular service rendered in any other recognized institution shall be counted for eligibility, unless interrupted by removal, dismissal or reduction to a lower post. (2) The criterion for promotion shall be seniority subject to the rejection of unfit. (3) The Management shall prepare a list of teachers referred to in sub-rule (1), and forward it to the Inspector with a copy of seniority list, service records, including the character rolls, and a statement in the pro forma given in Appendix 'A'. (4) Within three weeks of the receipt of the list from the Management under sub-rule (3), the Inspector shall verify the facts from the record of his office and forward the list to the Joint Director. (5) The Joint Director shall consider the cases of the candidates on the basis of the records referred to in sub-rule (3) and may call such additional information as it may consider necessary. The Joint Director shall place the records before the Selection Committee referred to in subsection (1) of Section 12 and after the Committee's recommendation, shall forward the panel of selected candidates within one month to the Inspector with a copy thereof to the Management, (6) Within ten days of the receipt of the panel from the Joint Director under sub-rule (5), the Inspector shall send the name of the selected candidates to the Management of the institution which has notified the vacancy and the Management shall accordingly on authorization under its resolution issue the appointment order in the pro forma given in Appendix 'F' to the such candidate." 13. As per the aforementioned procedure prescribed under Rule 14, in order to be considered for promotion to the Lecturer grade, the teacher concerned is to possess the qualifications prescribed for the post and should have completed five years continuous regular service as such on the first day of the year of recruitment. 14. Learned Senior Advocate has pointed out that as per the order dated 27.12.2019, which was impugned in the writ petition, the direction is to the Committee of Management to forward the papers to the DIOS with a further stipulation that the Inspector would examine the papers as per the relevant Rules and thereafter forward the same to the Regional Level Committee. 15. Learned Senior Advocate submits that in terms of the directions under the order impugned, it would be open to the Inspector to examine the proposal sent by the Committee of Management, including the fulfilment of the eligibility criteria by the fourth respondent, before the papers are submitted to the Regional Level Committee for further consideration. 16. Having regard to the facts of the case and as agreed to by the counsel for the parties, the order dated 17.01.2020 passed by the learned Single Judge is modified by providing that the appellant – Committee of Management would forward the necessary papers with regard to the claim of the petitioner for promotion on the post of Lecturer in Hindi at the institution in question along with the relevant records and the DIOS would thereafter verify the facts including the question of eligibility of the fourth respondent for the promotional post and accordingly transmit the papers to the Regional Level Committee to proceed in accordance with law. 17. The order of the writ court is modified to the extent indicated above. 18. The special appeal stands disposed of accordingly.