The main legal point established is that statutory provisions prevail over executive orders, and executive power cannot be used to amend or override statutory provisions.

( 1 ) CHALLENGE herein is to the legality of the order dated 13. 9. 2000 being Annexure-7 to the writ petition passed by the Chancellor, Deen Dayal Upadhyay, Gorakhpur University, Gorakhpur (in short the university ). By means of the impugned order, the Chancellor has set aside the order dated 17. 12. 1968 of the Vice Chancellor and declared the respondent Dr. Prem Chand Singh, a lecturer in the Udit Narayan Post Graduate College. Padrauna, district Kushinagar, as the senior most teacher in the college. The Vice Chancellor by his order dated 17. 12. 1968 had declared the petitioner to be the senior most teacher. The representation filed by respondent Dr. Prem Chand singh having been allowed by the Chancellor, the petitioner has approached this Court for quashing the order passed by the Chancellor.

( 2 ) THE facts giving rise to this writ petition lie in a short compass. The petitioner was originally appointed Lecturer in Murli Manohar Town Post Graduate College, Ballia, where he worked from 19. 7. 1966 to 23. 9. 1974. Upon his appointment as Lecturer in Udit Narain Post Graduate college, Padrauna, district Kushinagar. with the approval of the Vice Chancellor, the petitioner has been working in the said college since 24. 9. 1974. He has been granted the pay scale of reader w. e. f. 1. 7. 1982 as per the Government orders dated 8. 9. 1994 and 16. 12. 1994. It is not disputed that Murli Manohar Town Post Graduate College. Ballia, as well as Udit Narain Post graduate College, Padrauna, district Kushinagar are affiliated to the University. The respondent no. 4 was appointed as Lecturer in Udit Narain Post Graduate College, Padrauna, district kushinagar on 21. 9. 1971 where he joined his duties on 4. 10. 1971. It would appear that at the time of his appointment, the respondent Dr. Prem Chand Singh was not possessed of Ph. D. degree. Consequently his appointment was made subject to the condition that he would submit his Ph. D degree before the University which he did on 17. 10. 1972. He has been granted the pay scale of Reader w. e. f. 4. 10. 1984. Similarly the respondent Dr. Tej Bahadur Singh was appointed lecturer in the college on 17. 8. 1967 and he has been given the pay scale of Reader w. e. f. 17. 4. 1986. In the tentative seniority list of Faculty of Arts of Colleges affiliated to University of gorakhpur as on 1. 7. 1981. the name of Dr. Prem Chand Singh is shown at S. No. 424. In the tentative seniority list of Faculty of Science of Colleges affiliated to Gorakhpur University, the name of the petitioner is shown at S. No. 166 and that of Dr. Tej Bahadur Singh at S. No. 209. The inter se seniority of teachers of colleges affiliated to the University is governed by the First statutes of the Gorakhpur University framed under Section 50 of the U. P. State Universities act, 1973. The First Statutes were, however, framed on 26. 1. 1977 whereas the petitioner as well as the respondents 4 and 5 were appointed prior to enforcement of the First Statutes of the university. Accordingly, in view of Statute 18. 01 of the First Statutes, their inter se seniority as it stood on the date of enforcement of the First Statutes of the University would not be affected by any thing contained therein. The question then is what should be the criterion for determining inter se seniority of the petitioner and the respondents 4 and 5. The Chancellor in his order impugned herein has held the fourth respondent senior to the petitioner in view of the fact that fourth respondent was appointed Lecturer to teach the Post Graduate students. Reliance has been placed by the Chancellor on a Government Order dated 9. 7. 1968. Paragraphs 1. 3 and 4 of the said Government Orders being relevant to the question involved herein are excerpted below :

"1. As laid down in para 14 of G. O. No. CI1/2297/xv/-68-100 (3)/66, dated March 7, 1968 and amended in G. O. No. CIl/4196/xv/-68-100 (3)/66. dated June 14, 1968. the seniority in service of teachers in a pa