By the Court.—Heard learned Standing Counsel for appellants and Sri R.R. Singh, learned counsel for respondents.

3. State of Uttar Pradesh has filed this intra court appeal against the judgment and order of the Hon’ble Single Judge dated 15th July, 2004, passed in Civil Misc. Writ Petition No. 19736 of 2001.

3. Brief facts of the case relevant to be noticed for deciding the present appeal are as follows :

Barauli Inter College, Barauli Rao, Aligarh is a recognised and aided intermediate college. The provisions of U.P. Intermediate Education Act, 1921 and those of U.P. Secondary Education Services Selection Board Act, 1982 are fully applicable to the teachers and staffs of the institution. One L.T. Grade teacher working in the institution, namely, Govind Singh was promoted on ad hoc basis as lecturer under order dated 9th July, 1997. As a consequence thereto resultant short-term vacancy was caused in the institution in L.T. Grade. The vacancy is stated to have been advertised by the Committee of Management of the institution for the purposes of making ad hoc appointment in one daily newspaper, namely, Amar Ujala on 12th August, 1997. From the record it is established that nearl