CWP 4444/01 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.4444/2001 Suresh Shastri Versus Rajasthan Non- Govt. Edu. Inst. Tribunal & (2) Ors Date of Order ::: 26/03/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Dinesh Dixit for Mr. AK Bajpai, for petitioner Mr. CP Sharma for Mr. GL Sharma, for respondents Instant petition has been filed assailing judgment dt.30/03/01 (Ann.3) with a grievance that being senior-most Lecturer in respondent Educational Institution, he be appointed as Principal. Petitioner is working as Lecturer since initial appointment from 14/07/76 in respondent Institution which is recognized but not aided by State Government. An appeal was preferred before Tribunal on the premise that being senior most eligible lecturer for the post of Principal, he may be considered for appointment on regular basis. After taking note of material on record, learned Tribunal observed that since there is no provision under Service Rules providing promotion to the post of Principal from the post of Lecturer; as such merely because one fulfills conditions of eligibility will not hold him entitled to seek appointment on the post of Principal, which is to be filled in by respondent CWP 4444/01 //2// Institution in accordance with Scheme of Rules and accordingly his appeal was dismissed vide judgment impugned dt.30/03/01 (Ann.3). After service of notice upon respondents they have filed reply and it was inter-alia averred that pendente lis, respondent-institution took decision to fill up the post of Principal through open selection, for which advertisement was published – with reference whereof, petitioner was one of applicants but for reasons best known to him, he did not participate in process of selection – in course whereof, post of principal has been filled up by respondent. Even as per Scheme of service Rules, there are no provisions provided to fill up the post by promotion; as such this Court does not find any error in the judgment impugned, which may call for interference. Consequently, writ petition fails and is hereby dismissed alongwith stay petition. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.2/4444CWP2K1.doc