The court emphasized the statutory rights of the respondent No. 4 and the duty to adjust equities between the parties.

( 1 ) HEARD Sri S. K. Chaturvedi, the learned counsel appearing for the appellant. Sri Rajendra Rai, the learned counsel appearing for the respondent No. 4 and Sri Vinay Malviya, the learned standing counsel of the State of U. P. , representing the respondent Nos. 1, 2 and 3, at length and in detail.

( 2 ) THE appellant filed Civil Misc. Writ Petition No. 35414 of 1996. Rom Swarup Sharma v. State of U. P. and others, urging the Court to direct the respondents not to interfere with his functioning on the post of Principal of Uchattar Madhyamik Vidyalaya, Kargawan, district jhansi. He also prayed in the writ petition that the selection and appointment of Sri Kamlesh kumar Niranjan, the respondent No. 4, on the post of Principal of the institution be quashed.

( 3 ) THE appellant was functioning on the post of Principal on ad hoc basis pending regular selection. Sri Kamlesh Kumar Niranjan is duly selected candidate for appointment on the post of principal of the institution which had fallen vacant consequent upon the retirement of the permanent incumbent on June 30, 1992.

( 4 ) WHILE entertaining the petition, a learned single Judge passed an ad interim order dated november 5, 1996 which runs as under:

"learned counsel for the respondent Nos. 1 to 3 may file counter-affidavit within three weeks. Petitioner is directed to serve respondent Nos. 4 and 5 personally and they may file their counter-affidavit within two weeks thereafter. List in the week commencing December 9, 1996. Since the validity of U. P. Secondary Education Service Commission Act and vires of Rule 12 (3) has been referred by me to a larger Bench, I direct that the petitioner shall be permitted to continue as ad hoc Principal of the institution in question provided the person selected by the commission has not joined. "

( 5 ) ON the strength of the aforesaid ad interim order of the Court, the petitioner continued to function as Principal of the Institution and Sri Kamlesh Kumar Niranjan, the respondent No. 4, was prevented from joining the post of Principal notwithstanding his selection made in accordance with law.

( 6 ) ON February 11, 1999, the Joint Director of Education, Jhansi Division, Jhansi, passed an order No. 478/98-99 dated February 11, 1999, a copy whereof is Annexure-2 to the affidavit of sri Ram Swarup Sharma, the petitioner-appellant, filed in support of the stay application moved in this appeal, regularizing the ad hoc appointment of the petitioner on the post of Principal.

( 7 ) ARMED with the above order dated February 11. 1999, the petitioner, through his counsel, intimated the Court that he did not want to prosecute the writ petition and the same might be dismissed. Thus, the other learned single Judge who was seized of the case dismissed the petition vide order dated February 8, 2000.

( 8 ) WHILE dismissing the petition, the learned single Judge gave the following directions :

"it is further directed that the petitioner will not be entitled to any benefit of his having worked under ad interim order dated 5. 11. 1996 and consequently, respondents are directed to ensure that respondent No. 4 joins the post of Principal forthwith. Respondent No. 4 shall be entitled, while computing seniority on the post in question, to count for the period during the which period this petition was pending in this Court and shall be treated to have deemed continued in service on the post in question. It will be deemed that he had held the post. Respondent No. 4 shall, however, not be entitled to any financial advantage under this order for deeming period. "

( 9 ) FEELING aggrieved by the above directions given by the learned single Judge, the appellant has preferred instant intra-court appeal under Chapter VIII. Rule 5 of the Rules of the Court. 1952.

( 10 ) FROM perusal of the order dated February 8, 2000, wherein are contained the impugned directions. It appears that the learned counsel of the petitioner was "unable to point out any fact or circumstanc