D. P. MOHAPATRA, CJ.

( 1 ) FACED with two Division Bench cases of this Court giving conflicting decisions, the learned single Judge by an order dated 16. 10. 1996 referred the case for decision by a larger Bench so that the difference can be resolved and the question settled by an authoritative pronouncement of the Court.

( 2 ) IN Karunapati Misra v. District Inspector of Schools, Jaunpur and others, 1986 UPLBEC 172, it has been held that the Board of High School and Intermediate Education. U. P. (hereinafter referred to as the Board) has granted recognition for a particular subject, it has to be assumed that the College can appoint a Lecturer in that subject. On the other hand, in Mahipal Singh pawar v. State of U. P. , (1992) 2 UPLBEC 1497, it has been held that it is the sole domain of the director of Education to sanction and create posts of teachers and other staff as provided under section 9 of the U. P. High Schools and intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act. 1971 (U. P. Act No. 24 of 1971) (hereinafter referred to as the payment of Salaries Act ).

( 3 ) ON perusal of the aforementioned decisions, the question that arises for determin

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