Judgment

AHMADI, J.:- This appeal by special leave is directed against the judgment and order of the Allahabad High Court dated August 17,1983, in Civil Misc. Writ No. 1251 of 1976.The brief facts leading to the filing of the said Writ Petition before the High Court are as under:

The appellant herein was respondent No. 5 in the Writ Petition before the High Court and the present respondent No. 5 was the original petitioner. He was appointed as a teacher in the C.T. Grade on July 12, 1971, in the Moti Lal Nehru Samarak Inter College, Azamgarh, which was then a high school. This institution was raised to the level of an Intermediate College sometime in July, 1974. Thereafter on February 9, 1975, a Selection Committee drew up a panel of three persons for appointment as a Lecturer in Hindi in the said Intermediate College. The appellant was one of the three persons constituting the panel. The respondent No. 5 herein was not in the picture, The District Inspector of Schools was informed about the selection on April 12, 1975. However, on May 1, 1975, the District Inspector replied that there was no question of according approval since no post was created for the appointment of a Lecturer in Hindi. Thereupon, the Director of Education was moved who accorded approval to the creation of two posts of lecturers in the institution and further directed that the appointments be made in conformity with the relevant regulations and after obtaining the approval of the District Inspector of Schools. Pursuant to the approval so granted by the letter of July 2, 1975, the Managing Committee of the Intermediate College resolved on August 12, 1975, to appoint respondent No. 5 as Lecturer in Hindi.

2. On the coming into force of the U. P. Amendment Act, XXVI, 1975, the Managing Committee of the Intermediate College passed a resolution on September 20, 1975, to let the appointments referred to above continue on an ad hoc basis. The District Inspector of Schools was moved to accord approval which he did by his order dated November 25, 1975 clarifying that the duration of appointment will be for six months only. Against this limitation placed in the order, the Managing Committee preferred an appeal to the Deputy Director of Education on December 2, 1975. However, the appeal was rejected by the order of July 16, 1975 as not maintainable with the further observation that the appellant herein be deemed to be approved as a permanent lecturer in Hindi on the basis of the recommendation made by the Selection Committee on February 9, 1975. Against these two orders of November 25, 1975 and July 16, 1976, respondent No. 5 herein approached the High Court under Article 226 of the Constitution.

3. The U. P. Intermediate Education Act, 1921 (U. P. Act No. 2 of 1921) hereinafter called the Act provided prior to its amendment by U. P. Act No. XXVI of 1976 for the constitution of a Selection Committee for the purpose of appointment of teachers to the institution. The qualifications for appointment as teacher were prescribed under the said Act. The appointment of a teacher to be made on the recommendation of the Selection Committee needed the approval of the Inspector of Schools. The regulations framed under the said Act prescribe the minimum qualification for a Hindi teacher for Intermediate (Classes XIth and XIIth) as M.A. in Hindi. The appellant was an M.A., B.Ed. and was appointed as a teacher in C.T. Grade with effect from August 1, 1973, and since July, 1974 he was teaching), Hindi to students of XIth and XIIth classes. The respondent No. 5 herein was a B.A., B.Ed. and was appointed as a teacher in C.T. Grade on July 12, 1971. The U. P. Secondary Education (Removal of Difficulties) Order 1975 came into effect from August 18, 1975. Clause 2(a) of the said order permits the Managing Committee to make an ad hoc appointment of a teacher for a period not exceeding six months to fill up any substantive or leave vacancy or a vacancy existing or occurring during the current