The case of the writ petitioner is that the petitioner at the time of appointment as an Assistant Teacher was possessed with Graduation degree in Physics subject and degree with B.Ed. (Arts). After joining the institution, the writ petitioner obtained permission from the appointing authority for pursuing the course in M.A. (Geography) and thereafter he obtained the same in the year 2012. It is further the case of the writ petitioner that he was appointed as Assistant Teacher in Adarsh Inter College and his services stood affirmed on 04.10.2007 and however, on 06.03.2017, the writ petitioner was transferred from Adarsh Inter College to the third respondent-institution. As per the averments contained in paragraph-8 of the writ petition, the post of Lecturer (Geography) is lying vacant since 01.02.2022, hence exercise was being undertaken for making promotion on the said post from the senior most teacher of the College. According to the writ petitioner as asserted in paragraph-9 of the writ petition, the fifth respondentGajendra Singh S/o Kartar Singh is also making as Assistant Teacher in third respondent-institution since 17.08.2010 and his qualification is post-graduation degree in Sanskrit, B.A. (Arts). It is further the submission of the writ petitioner that the fifth respondent is not qualified for promotion. Though various issues have been raised in writ petition, but since a conscious decision is to be taken as per the relevant statute, thus according to the writ petitioner, a direction be issued to the competent authority under the U.P. Secondary Education Services Selection Board Act, 1982, to consider the claim of the petitioner and to accord consideration
