Allahabad High Court, Lucknow, rejects the order of District Inspector of Schools (DIOS) and grants relief to the teacher of Sunni Inter College, Lucknow.
Afzal Shah Madudi 
Advocate Mohammad Saad Siddiqui secures a crucial judgment at Allahabad High Court, Lucknow, in which the High Court rejects the order of District Inspector of Schools (DIOS) and grants relief to the teacher of Sunni Inter College, Lucknow.
The Allahabad High Court, Lucknow recently in its judgement dated 26.05.2023 observed that in respect to promotion of teachers in an educational institution the specific requirements of the institution must be seen and not only seniority alone.
Advocate Mohammad Saad Siddiqui appeared and argued for the petitioner, a teacher at Sunni Inter College, Lucknow (recognised aided minority institution). The promotion was rejected by Respondent (DIOS) on the grounds of seniority, stating that seniority is only the criteria for promotion.
Advocate Mohammad Saad Siddiqui argued that seniority alone cannot be the sole basis of promotion and requirment of the educational institution must also be considered while granting promotion, which is a sine qua non (essential condition).
Advocate Saad submitted that the provisions of the Intermediate Act, 1921 clearly provides for the minimum qualifications of the teacher to be appointed in an educational institution by promotion, which cannot be ignored while considering the promotion of the petitioner, who amongst others eligible teachers, is the only qualified teacher.
The Court of hon'ble Justice Shri Pankaj Bhatia was convinced by the arguments of advocate Saad Siddiqui and rejected the order of the DIOS and remanded the matter back to pass fresh order considering the proposal of promotion of the petitioner as per the resolution of the Committee of Management of the institution.
It is pertinent to mention that Mohammad Saad Siddiqui, Advocate besides practicing at High Court Lucknow, is also working with a Dubai Law Firm in the field of corporate and arbitration laws. He aims to contribute in the field of Arbitration and Alternative Dispute Resolution (ADR) mechanisms to find amicable solutions to disputes in India as well as Globally.
