( 1 ) THE issue in this writ petition is the determination of inter se seniority between the petitioner panchami Singh and the third respondent Indrajeet Gaur. They are both teachers in the L. T. grade in Jawahar Lal Nehru Uchchatar Madhyamik Vidyalaya, Jayatpur, which is a recognised intermediate College. The Committee of Management decided the dispute by holding the third respondent Indrajeet Prasad Gaur as senior. The petitioner took the matter to the Joint Director of education in appeal. By the order dated 31. 5. 2001 the Joint Director of Education has decided the matter in favour of the third respondent. Aggrieved, the petitioner has come in this writ petition. The petitioner and the third respondent were both appointed as L. T. grade teachers by promotion on 7. 9. 1993. In such: a case where two persons are promoted on the same date in a particular grade, seniority would be determined by Regulation 3 (bb) of Chapter II of the regulations framed under the Intermediate Education Act and not by Regulation 3 (b ). Both the regulations 3 (b) and 3 (bb) are quoted below :

"3 (b ). Seniority of teachers in a grade shall be determined on the basis of their substan