SALIK RAM MISRA Vs. SHAMBHU NATH AGARWAL

JUDGEMENT

(1.) D. S. Sinha, J. This second appeal under Section 100 of the Code of Civil Procedure, 1908, hereinafter called the Code, is directed against the decree and judgment of the I Additional District Judge, Allahabad dated 1st February 1982 passed in Civil Appeal No. 588 of 1981. Salik Ram v. Shambhoo Nath Agarwal and five others, whereby the decree and judgment dated 31st July, 1981 passed by the 8th Additional Munsif, Allahabad dismiss ing the suit of the plaintiff-appellant has been confirmed.

(2.) THE plaintiff-appellant in situated in the trial court suit for perma nent injunction for restraining the defendant-respondents from directly recruit ing a Lecturer in Hindi Department of Agarwal Intermediate College, herein after referred to as the Institution. Lateron, by amendment, relief for declar ing the appointment of Hari Shankar Misra, respondent No. 6 who was directly recruited, null and void, was also claimed in the suit. THE plaintiff-appellant claimed that in the vacancy on the post of Lecturer in Hindi created in October, 1977 appointment could be made only through promotion and not by direct recruitment inasmuch as forty percent of the posts of Lecturer were statutorily required to be filled up by promotion. He also claimed that he, being the only candidate having the requisite qualifications, was entitled to be promoted to the post of Lecturer in Hindi against the newly created post.

(3.) AGGRIEVED by the decree and judgment of the trial court, the plaintiff-appellant preferred an appeal under Section 96 of the Code. The appellate court has affirmed the decree and judgment of the trial court by means of the impugned decree and judgment on the findings that the plaintiff-appellant was not a fit person to be promoted and that the post in question was not available to be filled up by promotion in view of the provisions contained in Regulation 5 (2) (a) of the Regulations framed under Section, 16-A, 16-B and 16-C of the U. P. Intermediate Education Act, 1921.