JUDGMENT

G.B.PATTANAIK, J.

(1) DELAY condoned in filing the special leave petition, the leave having been granted earlier.

(2) THE appellant, who was appointed as a Teacher in the LT Grade of a private aided educational institution, assails the order of the learned Single Judge of Allahabad High Court, which was upheld in appeal by the Division Bench. The appellants case is that he was appointed to the LT Grade earlier than the respondent no.4, and therefore, he was rightly declared to be senior on a representation being made to the Deputy Director of Education by order dated 18.7.1994. The said order could not have been interfered with by the High Court in the writ petition, and as such High Court committed serious error in interfering with the aforesaid order of the Deputy Director. It is also further contended that any finding or observation of the High Court in relation to the legality of the appointment of respondent no.4 to the post of Lecturer as well as to the further post of Principal should not stand on the way of the appellant, . if otherwise is entitled to challenge the same.

(3) IT transpires that while both the appellant and responden