( 1 ) THIS case has come before us upon a reference by a Division Bench which felt that the decision rendered by another Division Bench in the case of Vidya Sagar Sharma v. Deputy director of Education, Meerut, Writ Petn. No. 6449 of 1974 decided on December 17, 1977 did not lay down the law correctly and the same requires reconsideration.

( 2 ) THE controversy raised in this case centres round Clauses (1) to (3) of Regulation 6, Chapter II of the Regulations framed under the Intermediate Education Act, 1921. Before analysing the said provisions we may briefly set out the essential facts. The petitioner as well as Smt. Pushpa Nair (respondent No. 3) were L. T, Grade teachers in the maharaja Agrasen Girls Intermediate College. Deoria. Respondent No. 3 was a graduate with economics as one of the subjects. The petitioner was also graduate, but with different subjects. Both have since passed M. A. in Economics by correspondence course. Respondent No. 3 has been teaching Economics as L. T. grade teacher. But the petitioner has had no such experience. She was teaching English throughout. In length of service in this grade, the petitioner was admittedly senior to Smt. Pushpa Nair. In 197