By the Court.—This intra Court appeal, under the Rules of the Court, is preferred against the judgment of the Honble Single Judge dated 9.5.2007 allowing Civil Misc. Writ Petition No. 41961 of 2006, Rakesh Bhardwaj v. State of U.P. and others, with certain observations and directions.

2. We have heard Shri Ashok Khare, learned Senior Counsel assisted by Shri Arun Kumar Tiwari, learned Counsel appearing for the appellant; Shri P.K. Jain, learned Counsel appearing for the petitioner-respondent No. 6 and the learned Standing Counsel appearing for the State-respondents.

3. The short facts, as appear from the pleadings of the parties, briefly stated are that Shri Gangadeen Gauri Shanker College, Kanpur Cantt, Kanpur (hereinafter referred to as the institution") is the recognized institution and is also getting grant-in-aid from the State Government hence governed by the provisions of the U.P. Intermediate Education Act, 1921 (in short Act of 1921"), the Regulations framed thereunder and the provisions of the U.P. High School and Intermediate Colleges (Payment of Salaries to the Teachers and other Employees) Act, 1971 (hereinafter referred to as the Salaries Act of 1971"). The writ petitioner, who is respondent No. 5 in this appeal, was Assistant Teacher of L.T. Grade in the institution. However, he was given ad hoc promotion as Lecturer in Chemistry against the vacancy caused on account of promotion of the incumbent Shri Hari Narayan Vajpayee as officiating principal. As per the provisions contained under Chapter III Regulation 21 of the Act of 1921, he was to continue in service till he attained the age of 60 years i.e. 8.12.2003 and further he was entitled to get extension of service up to the end of sessions i.e. 30.6.2004. However, before he could retire the State Government took a policy decision to enhance the age of superannuation from 60 to 62 years. Consequently, the provisions contained under Chapter III Regulation 21 of the Act of 1921 was accordingly amended as a result of which the age of superannuation of Shri Hari Narayan Vajpayee was extended up to 8.12.2005 and by virtue of sessions benefit up to 30.6.2006. It further appears that the management of the institution treating the age of superannuation of Shri Hari Narayan Vajpayee as 8.12.2003 and sessions benefit up to 30.6.2004 notified the vacancy of the lecturer of the institution to the U.P. Secondary Education Services Selection Board, Allahabad (hereinafter referred to as the Selection Board") and the District Inspector of Schools, Kanpur. The vacancy was accordingly advertised on 8.12.2004 in Daily Dainik Jagran. However, the District Inspector of Schools, Kanpur vide its letter dated 21.4.2005 informed the Secretary of the Selection Board with reference to the letter dated 25.2.2003 of the Committee of Management that the post of lecturer in Chemistry of the institution was notified due to inadvertence, as it was not substantively vacant. It further appears that the Committee of Management of the institution sent fresh requisition by notifying the vacancy of lecturer in Chemistry on 25.11.2005 to the Selection Board, which was to be effected on 30.6.2006, on the retirement of Shri Hari Narayan Vajpayee. It further appears that despite above communication made by the District Inspector of Schools the Selection Board proceeded with the selection process on the basis of the advertisement dated 8.12.2004 and prepared the panel on 8.12.2005 wherein the name of the appellant was recommended for the post of lecturer in Chemistry in the institution, as Scheduled Caste category candidate. It further appears that the Selection Board (respondent No. 2) through letter dated 30.6.2006 (Annexure 4 to the writ petition) informed the District Inspector of Schools, Kanpur to keep the matter of joining of the appellant in the institution in question in abeyance until further order and communicate the present vacancy of the institution. Copy of this letter was also sent