Hon’ble Arun Tandon, J.—Heard Sri K. Sahi, learned Counsel for the petitioner, Sri Shashi Nandan, Sr. Advocate assisted by Sri Indra Raj Singh, learned Counsel for respondent No. 5 and learned Standing Counsel for respondent Nos. 1 to 3. In view of the counter affidavit filed on behalf of contesting respondents, it is not necessary to issue notice to respondent No. 4.

2. Learned Counsel for the parties agree that the present writ petition may be disposed of at this stage on the basis of the affidavits which have already been exchanged between the parties.

3. Post of Principal in Janta Inter College, Sohasa Mathiya, District Kushinagar has fallen vacant on 30.6.2006 with the retirement of the permanent incumbent.

4. It is not in dispute that the petitioner was appointed as Lecturer in the institution on 8.7.1970. Respondent No. 5 was similarly appointed as Lecturer on 1.7.1970.

5. The District Inspector of Schools approved the appointment of the petitioner vide order dated 16.12.1970 while he approved the appointment of respondent No. 5 vide order dated 8.2.1971.

6. With reference to the date of order of approval of the District Inspector of Schools, petitioner has come up with a