Hon’ble Ashok Bhushan, J.—Heard Dr. H.N. Tripathi, learned Counsel for the appellant, Sri H.N. Pandey, for respondent No. 1, Sri A.K. Dwivedi for respondent No. 5 and learned Standing Counsel.

2. This is an special appeal against the judgment and order dated 23rd July, 2008 by which order the learned Single Judge has disposed of the writ petition with the direction that a lecturer appointed as Ad-hoc/Officiating Principal can continue as such only till he reaches the age of superannuation. Such a teacher cannot continue as Ad-hoc Principal subsequent to his date of superannuation, i.e., the period during which extension of service is granted in his favour. The appellant, who was respondent No. 5 to the writ petition, feeling aggrieved against the judgment and order dated 23rd July, 2008 has filed this appeal.

3. Brief facts of the case, which are necessary for deciding the issues raised in this appeal are : Gandhi Inter College, Maltari, district Azamgarh (hereinafter referred to as the ‘institution’) is a recognised institution under the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as the Act) and is also governed by the provisions of U.P. Hi