HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.142 OF 2004 ORDER: The petitioner was, initially, appointed as Hindi Teacher in the Modern High School, Nizamabad, 5th respondent herein, in the year 1989 against an unaided post. Through proceedings dated 12-03- 1990, the District Educational Officer, Nizamabad, the 2nd respondent herein, approved the absorption of the petitioner against the aided vacancy of Secondary Grade Teacher (SGT). The 6th respondent joined the institution in the year 1976, against an aided vacancy as SGT in the same institution. There existed a post of School Assistant, admitted to grant-in-aid through proceedings dated 04-08-2003. The Management of the School promoted the 6th respondent as School Assistant. This was approved by the Regional Joint Director of the School Education, 1st respondent herein, through proceedings dated 29-11-2003. Petitioner challenges the promotion of the 6th respondent as School Assistant. He contends that the 6th respondent does not hold the qualification for the post of School Assistant (Social Studies). 2. On behalf of respondents 1 to 5 on one hand, and 6th respondent on the other, separate counter-affidavits have been filed. 3. Respondents 1 to 5 state that the promotion of 6th respondent was effected strictly in accordance with the relevant provisions of law, and that he since retired from service. 4. 6th respondent states that absorption of the petitioner against an aided vacancy of SGT is untenable, since he did not hold the qualifications, even for that post. A copy of the order through which the petitioner was absorbed against the SGT, is filed. 5. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 6. The main basis for the petitioner for challenging the promotion of the 6th respondent i.e., G.O.Ms.No.71, dated 07-06-2003, mentioned in the proceedings dated 12-11-2003, was set aside by the Tribunal. It is not in dispute that the 6th respondent is senior to the petitioner by nearly 13 years. The averment that the absorption of the petitioner against the SGT was itself untenable, cannot be ignored. In the order of absorption of the petitioner, passed on 12-03-1990, two conditions were imposed, vi z., that he should pass training qualification prescribed for holding the post of SGT within one year and that the Management should claim his basic pay, till he acquires that qualification. The basis for this exemption is not indicated. Further it is not known as to when the petitioner acquired that qualification, and whether the competent authority has taken note of that. Apart from that, the Management of the School found the 6th respondent as fit for promotion as School Assistant. Petitioner has challenged only the orders of approval. It needs to be noted that the appointing authority is the Management of the School and the order of appointment, as such, was not challenged. At any rate, the 6th respondent has retired from the service. The case of the petitioner can be considered against the resultant vacancy. 7. Hence, the Writ Petition is disposed of, directing the respondents 1 to 5 to consider the case of the petitioner for promotion to the post of School Assistant against the existing vacancy of School Assistant, with effect from the date on which it has become vacant on retirement of the 6th respondent. This exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ____________________ L. NARASIMHA REDDY, J November 18, 2010. KTL