( 1 ) HEARD learned Counsel for the petitioner, Sri C. K. Rai appearing for the respondent No. 4 and sri A. N. Rai appearing for respondent No. 3. The respondents No. 2, 3 and 4 have already submitted counter affidavit to which rejoinder affidavit has been filed by the petitioner. With the consent of the parties, I proceed to dispose of the writ petition finally.

( 2 ) THERE is an educational institution, namely, Mahabir Singh Intermediate College, Badilpur haldi, Ballia which is a recognised institution receiving grant in aid. In the aforesaid institution sanctioned strength of Class III employee is three. One post of Librarian Clerk/assistant Clerk fell vacant on 31. 12. 1994 on the retirement of Basudeo Singh. The respondent No. 3, Triloki nath, who is a Class IV employee in the institution laid his claim for promotion on the aforesaid post of Clerk under Chapter III, Regulation II of the Intermediate Education Act on the ground that the said post is the promotional post. The Committee of Management, however, did not accede the claim of respondent No. 3 and proceeded to make appointment by direct recruitment on the post of clerk which fell vacant due to retirem