Hon’ble Ashok Bhushan, J.—Heard Sri Ashok Khare, learned Senior Advocate for the petitioner, Dr. H.N. Tripathi, learned Counsel appearing for the respondent No. 6 and learned Standing Counsel.

2. By this writ petition the petitioner has prayed for quashing the order dated 8.9.2007 passed by District Inspector of Schools directing the Committee of Management to pass resolution for the appointment on the post of officiating Principal of a permanent Lecturer. The another order challenged is order dated 6.10.2007 passed by District Inspector of Schools by which Committee of Management was directed to give charge to Suresh Kumar, Lecturer (English) and submit necessary papers for attestation of signature of Suresh Kumar.

3. Bhola Nath Sarrof Inter College is a recognized Institution governed by the provisions of U.P. Intermediate Education Act, 1921, U.P. Secondary Education Services Selection Board Act, 1982 and is also receiving grant-in-aid from the State Government. The petitioner was appointed as an ad hoc assistant teacher in L.T. grade on 23.12.1982. He was regularized on the post of assistant teacher in L.T. grade w.e.f. 6.4.1991. Due to retirement of Radheylal, Lecturer in Sanskrit, the vacancy on the post of Lecturer in Sanskrit arose. The Committee of Management passed a resolution on 1st July, 1996 for giving ad hoc promotion to the petitioner as Lecturer in Sanskrit. The District Inspector of Schools, by order dated 4th July, 1998, approved ad hoc promotion and the petitioner claims to be working as Lecturer in Sanskrit w.e.f. 13th July, 1998. The petitioner’s qualifications are M.Sc. (Math), M.A. (Economics), M.A. (Political Science), M.A. (Sanskrit), M.A. (Hindi) and L.T. The requisition for filling the post by promotion is claimed to have been submitted by the Committee of Management vide requisition dated 27.12.1997 to the U.P. Secondary Education Services Commission. However, the petitioner has not yet been substantively promoted as Lecturer in Sanskrit. The post of Principal of the Institution fell vacant due to the retirement of Hari Shanker Sharma, who retired on 30st June, 2007. The Committee of Management passed a resolution on 17th June, 2007 deciding to promote the petitioner as officiating Principal. The petitioner joined on the post of officiating Principal on 1st July, 2007 and since then he is working as officiating Principal. The respondent No. 6, Suresh Kumar, was appointed in the Institution as Lecturer in English after the recommendation of U.P. Secondary Services Selection Board on 20.5.2004. Prior to the appointment in the Institution, Suresh Kumar, respondent No. 6, was working as Assistant Teacher in L.T. Grade in Gulkandi Ram Ram Singh Inter College, Nauni, Agra, w.e.f. 8.8.1989. The representation was submitted by the respondent No. 6, Suresh Kumar claiming appointment as officiating Principal. The District Inspector of Schools wrote a letter dated 9th August, 2007 to the Management. The said letter has been replied by the Management by its letter dated 17th August, 2007 claiming that the petitioner is senior to Suresh Kumar and the appointment of Suresh Kumar has already been challenged in the writ petition No. 21780 of 2005 filed by the petitioner. The Committee of Management further claimed that the post on which Suresh Kumar has joined was the post reserved for scheduled cast candidate. The District Inspector of Schools, thereafter wrote another letter dated 6.10.2007 asking the Management to give charge to Suresh Kumar on the post of officiating Principal. Challenging these letters dated 9th August, 2007 and 6.10.2007, this writ petition has been filed.

4. Sri Ashok Khare, learned Senior Advocate, appearing for the petitioner, challenging the impugned order of District Inspector of Schools raised following two submissions :

(1) The petitioner is working as ad hoc Lecturer in English which has been approved by District Inspector of Schools from 4th July, 1998 and the petitioner’s pape