Hon’ble S.U. Khan, J.—This writ petition was dismissed as infructuous on 5.12.2008. Thereafter restoration application was filed which was allowed on 11.9.2008 and on the same date arguments of learned counsel for both the parties on the merit of the writ petition were heard.

2. Petitioners who are five in number claim to have been appointed as ad-hoc assistant teachers in L.T. Grade in Intermediate College Machlishahar, Jaunpur which is a privately managed, but recognized and aided institution. Petitioners claimed that they were appointed on 8.7.1991 under Section 18 of U.P. Secondary Education Service Selection Boards Act 1982 as it stood at that time. It has been alleged in para-3 of the writ petition that the Manager through letter dated 12.4.1991 intimated the District Inspector of Schools about five existing vacancies of teachers in L.T. Grade in the College in question and that on 15.6.1991 a reminder was also sent (para-4) and that on 12.4.1991 vacancies were intimated to the Selection Board/Commission also under certificate of posting (U.P.C.). It has further been alleged in para-6 that as Selection Commission did not send the names of selected candidates hence vac