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"Rule 9. Procedure for appointment by promotion. - (1) Where any vacancy is to be filled by promotion, all teachers working in L.T. or C.T. grade, who possess the minimum qualifications and have put in at least 5 years continuous service as teacher in the concerned subject on the date of occurrence of vacancy shall be considered for promotion without their having applied for the same."

7. The requirement of five year continuous service as Teacher in the concerned subject, on the date of occurrence of vacancy was done away with vide amendment introduced w.e.f. 1.7.1983, in Rule 9(1) of the Rules of 1983, which reads as under:-

"8. Before the commencement of U.P. Secondary Education Services Selection Board Rules, 1983, Regulations 5 and 6 of Chapter II of U.P. Intermediate Education Act, 1921 regulated the promotions. Regulation 6 provides that all the L.T. or C.T. grade teachers, as the case may be, having a minimum of 5 years' continuous substantive service to their credit on the case of occurrence of vacancy shall be considered for promotion by the Committee of Management without their having to apply for the same provided they possess the prescribed minimum qualifications for teaching the subject in which the teacher in the lecturer's grade or in the L.T. grade is required. Rule 9 of the Rules of 1983, qualified 5 years' continuous service as a teacher in the concerned subject on the date of occurrence of vacancy. After this amendment on 1.7.1983, Rule 9 provided consideration of all teachers working in L.T. grade or C.T. grade who possessed academic qualifications and have completed continuous teaching as teacher on the date of occurrence of vacancy to be considered for promotion to the Lecturer or L.T. grade as the case may be, without their having applied for the same. In Chandra Pratap Singh v. Madhav Saran Tripathi and others, 1989 (1) UPLBEC 361, it was held that for promotion to the Lecturer or L.T. grade one has to possess minimum academic qualification and 5 years continuous service as a teacher on the date of occurrence of vacancy. In Harish Chand v. Joint Director of Education, 2000 (3) ESC 2060 (All), the Court was considering the words ''on the date of occurrence of vacancy'' in Rule 14, and in Yogendra Pal Singh v. District Inspector of Schools, (2000) 3 UPLBEC 2155, the word 'Regular' in Rule 14, came up for interpretation.

16. The scheme for determination and notification of vacancies as per Rule 11 as well as sources of recruitment, referred to above, as per the Rules of 1998 are similar to Rule 10 and 11 of the Rules of 1995.

17. It was only for the brief period between 10.1.1983 to 1.7.1983 that procedure for appointment by promotion to the post of Lecturer or L.T. Grade required possessing of minimum qualification and five years continuous service as teacher in the concerned subject on the date of occurrence of vacancy. This requirement of five years continuous service as a teacher in the concerned subject was specifically excluded after 1.7.1983.

26. Rule 14 does not specifically refer to any requirement of teaching experience of five years in the subject wherein promotion is claimed by the candidate. The requirement of five years continuous service as teacher in the concerned subject on the date of occurrence of vacancy was introduced on 10.01.1983 by amending rule 9 of the Rules of 1983 but it was done away with vide subsequent amendment with effect from 01.07.1983. There was a specific purpose for deleting the requirement of teaching in the same subject in the feeding cadre inasmuch as the scheme for promotion, taken as a whole, renders such requirement incompatible with the promotional scheme. Notwithstanding the omission of five years continuous service, as a teacher in the concerned subject in the rules, the issue is yet to receive a quietus.