Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 7302 of 2001 Kanhaiya Lal D.A.V. Inter College, Roorkee through its Manager Sri Surendra Kumar Garg. .................. Petitioner. Versus Board of High School & Intermediate, Education, Uttaranchal, through Secretary, Board of Secondary Education, Uttaranchal at Dehradun and others. ............... Respondents. .................... Sri M.C. Pandey, learned counsel for the petitioner. Sri Paresh Tripathi, learned Brief Holder on behalf of State/respondents. Dated: May 14, 2008. Hon’ble P.C. Verma, J. This writ petition has been filed by the Committee of Management challenging the orders passed by the respondents. 2. By the impugned orders the respondent Nos. 2 & 3 have directed that the respondent No. 4 was duly promoted by the regularly constituted Departmental Promotion Committee, as per rules, headed by the Joint Director, Education. Accordingly, the recommendation was sent promoting the respondent No.4 but the Committee of Management failed to allow the petitioner to join. Therefore, Committee of Management was directed to allow the respondent No.4 to join. 3. The Committee of Management has challenged the orders on the ground that the qualification prescribed for Hindu Lecturer specifically mentions that a candidate must be M.A. in Hindi and graduate with Sanskrit as one of the subjects. The petitioner does not have Sanskrit subject in graduation. Therefore, he was not eligible as per rule. The source of recruitment under the rules provides that fifty per cent shall be filled up by direct promotion form L.T. Grade teachers and fifty per cent shall be filled up by direct recruitment. These rules does not mention about the qualification. Since the petitioner is M.A. in Hindi and L.T. Grade teachers and was selected by the Committee of Management on his merit, therefore, it is not open for the Committee of Management to take such objection. It appears that the intention of the committee is not fair. The Committee of Management is interested in someone else to whom they have appointed. The rules framed under the U.P. Secondary Education Act, under which the promotion rules have been framed, have overriding effect over the Intermediate Education Act. Therefore, the writ petition is devoid of merit and is liable to be dismissed. It is imperative on the part of Committee of Management to obey the orders passed by the authorities as the institution is under grant in aid. 4. Thus, the petition is dismissed. No order as to costs. (P.C. Verma, J.) 14.05.2008 P.Singh