JUDGMENT : 1. This Special Appeal arises in respect of a judgment and order dated 28th January, 2020, passed by a learned Single Judge in Writ Appeal No. 73517 of 2011, Naresh Pal vs. State of U.P. and Others. By the impugned judgment and order the writ petition was allowed with certain directions. 2. This Special Appeal has been preferred by the writ petitioner. 3. For convenience, the operative portion of the impugned judgment and order is set out herein-below: “Accordingly, while this petition is allowed and the impugned order dated 22 October 2011 is set aside, the Court further provides that the order of 17 October 2011 shall also resultantly stand set aside since its continuance in light of what has been recorded above would perpetuate an illegality. The setting aside of the order of 17 October 2011 shall however not empower the respondents to recover salaries and other emoluments which the petitioner has drawn in the meanwhile pursuant to the work discharged and performed on the promotional post. The Committee of Management shall now proceed to draw a list of all eligible teachers and forward the same to the concerned Regional Level Committee bearing in mind the mandate of Rule 14 within a period of two weeks from today. The Joint Director of Education shall ensure that the requisite papers are placed before the concerned Regional Level Committee and a final decision taken with respect to the grant of promotion within a period of two months therefrom.” 4. 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. 5. The Uttar Pradesh Secondary Education Services Selection Board Act, 1982 [the 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. 6. Section 2(1) 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.” 7. 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. 6. Section 2(1) 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.” 7. 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.” 8. 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. 9. In exercise of the rule making power under section 35 of the Act, 1982, the Uttar Pradesh Secondary Education Services Selection Board Rules, 1998 [the Rules, 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. 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 sub-section (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.” 10. The provisions contained under section 12 of the Act, 1982, read with Rule 14 of the Rules, 1998, provide a complete procedure with regard to recruitment by promotion in an institution recognized under the Intermediate Education Act, 1921. 11. As per sub-rule (1) of Rule 14, all teachers working in the 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. It is relevant to notice that the consideration for promotion in terms of the statutory rule is to be accorded to all teachers, who fulfill the prescribed eligibility criteria, and this entitlement for consideration for promotion is to be made without the teachers having applied for the same. The criterion for promotion, in terms of sub-rule (2), is seniority subject to the rejection of unfit. 12. Sub-Rule (3) of Rule 14, aforesaid, enjoins upon the management to prepare a list of teachers referred to in sub-rule (1) and forward it to the Inspector with a copy of the seniority list, service records, including the character rolls and a statement in the proforma given in Appendix-A to the Rules, 1998. 13. In terms of sub-rule (4), (5) and (6), upon receipt of the list from the management under sub-rule (3), the Inspector is required to verify the facts from the record of his office within a specified period and forward the list to the Joint Director whereupon the Joint Director is to 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 may be considered necessary, and thereafter he is to place the record before the Selection Committee referred to in sub-section (1) of Section 12 and after the Committee's recommendation, the procedure with regard to forwarding of the panel of selected candidates to the Inspector and sending of names of the selected candidates to the management of the institution, upto the stage of issuance of appointment orders to the candidates, is provided for. 14. The scheme for recruitment by promotion, under the aforementioned statutory provisions, provides that consideration for recruitment by promotion is to be accorded to all teachers who fulfill the prescribed eligibility criteria, without their having applied for the same. 14. The scheme for recruitment by promotion, under the aforementioned statutory provisions, provides that consideration for recruitment by promotion is to be accorded to all teachers who fulfill the prescribed eligibility criteria, without their having applied for the same. This clearly leads to an inference that all the teachers who fulfill the requisite eligibility criteria under sub-rule (1) of Rule 14 are entitled for consideration even if they have not applied for the same, and the list which is to be prepared by the management and forwarded to the Inspector in the prescribed proforma given it in Appendix-A to the Rules, 1998, for further processing, is to include the relevant records of all the teachers who fulfill the eligibility criteria under sub-rule (1) of Rule 14, irrespective of the fact, whether or not, they have applied for promotion. 15. The right of consideration under Rule 14, therefore, extends to all teachers fulfilling the prescribed eligibility criteria without any discretion in the matter to the Committee of Management, which is required to simply prepare a list of teachers fulfilling the eligibility criteria under sub-rule (1) and to forward it to the Inspector along with seniority list, service records, including the character rolls, and a statement in the prescribed proforma for further processing. Although, as per sub-rule (2), the criterion for promotion is seniority subject to the rejection of unfit, there is no contemplation under the rule for recommendation to be made by the Committee of Management based on the inter se seniority of the teachers who may be fulfilling the eligibility criteria. 16. In the facts of the present case, it is undisputed that the name of the petitioner alone was recommended by the concerned Committee of Management taking the view that he was the senior most teacher whereas Rule 14 of the Rules, 1998, enjoins upon the Committee of Management to forward the names of all eligible candidates, irrespective of their position in the seniority list. The right of consideration, in terms of Rule 14, having been extended to all teachers who possess the requisite qualification and have rendered qualifying service as prescribed, the direction issued by the learned Single Judge directing the Committee of Management to draw the list of all eligible teachers and forward the same to the Regional Level Committee as per the mandate of Rule 14 within a fixed time period, thus does not call for any interference. 17. We are really surprised as to why the writ petitioner is before us. The reason is, it will appear from the directions of the learned Single judge as quoted above that the principal prayer of the writ petitioner has been allowed. The judgment and order is supported with cogent and justifiable reasons. In an Intra-Court Special Appeal, no interference is usually warranted unless palpable infirmities or perversities are noticed on a plain reading of the impugned judgment and order. In the facts and circumstances of the instant case, on a plain reading of the impugned judgment and order, we do not notice any such palpable infirmity or perversity. As such, we are not inclined to interfere with the impugned judgment and order dated 28th January, 2020. 18. At this stage, learned counsel for the appellant-petitioner has tried to contend that the petitioner is the senior most teacher having the prescribed eligibility and in case the Regional Level Committee finally decides in his favour, he may be granted continuity and other consequential benefits on the promotional post. 19. Since the matter has been remitted for consideration afresh as per the procedure under Rule 14 of the Rules, 1998, we refrain from making any observation with regard to the rights of the appellant-petitioner vis-a-vis other teachers who may be entitled for consideration under the statutory provision, leaving it open to the appellant-writ petitioner to raise all contentions before the authority concerned. 20. We make it clear that the above observation does not touch upon merit of the claim of the appellant-writ petitioner and also the claims which may be set up by other contending parties. 21. The Special Appeal stands disposed of accordingly.