Hon’ble A.P. Sahi, J.—This dispute between Shri Kashmir Singh Yadav and Shri Rampal Sahu relates to the post of lecturer in English, which fell vacant on 10th May, 1996 in Dr. Chiranji Lal Rashtriya Inter College, Kidwai Nagar, Kanpur Nagar due to the death of a permanent incumbent Shri Jagdish Narain Dixit.

2. The institution is governed by the provisions of the U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder and by the provisions of U.P. Secondary Education Services Selection Board Act, 1982 and the Rules framed thereunder.

3. Shri Kashmir Singh Yadav contends that he was appointed in L.T. grade on 30th April, 1988 and was the senior most qualified teacher, entitled for being promoted in lecturer in English in the institution. It is, however, not disputed that Shri Kashmir Singh Yadav was not M.A. in English on the date of the occurrence of vacancy i.e. 10.05.1996. His results of M.A. in English were declared thereafter. The final year examinations of M.A. were conducted by Shri Shahu Ji Maharaj University, Kanpur in 1996, in which Shri Kashmir Singh Yadav had appeared in March 1996.

4. The contention raised on behalf of Shri Kashmir Singh Yadav by Shri J. L. Srivastava learned counsel is that the year in which the recruitment was made i.e. in 1997, Shri Kashmir Singh Yadav was qualified and eligible and being the senior most teacher in the L.T. grade was entitled for being promoted.

5. Shri Rampal Sahu, who is respondent in Writ Petition No. 35034 of 2000 and the petitioner in Writ Petition No. 38701 of 2000 contends that he was appointed on ad hoc basis on 6th January, 1990 in another institution namely Nehru Inter College, Araul, Kanpur Dehat, which is also recognized under the same provisions. This ad hoc appointment was regularized on 7th August, 1993 from which date Shri Rampal Sahu was appointed in substantive capacity in the L.T. grade. The Committee of Management of Nehru Inter College, Araul, Kanpur Dehat and the Committee of Management of Dr. Chiranji Lal Rashtriya Inter College, Kidwai Nagar, Kanpur Nagar passed resolutions for accepting the transfer of Shri Rampal Sahu from Nehru Inter College, Araul, Kanpur Dehat to Dr. Chiranji Lal Rastriya Inter College, Kidwai Nagar, Kanpur Nagar. This was approved by the competent authority and Shri Rampal Sahu was appointed by way of transfer w.e.f. July, 1996 as an L.T. grade teacher in Dr. Chiranji Lal Rastriya Inter College, Kidwai Nagar, Kanpur Nagar. Counting his previous services in the L.T. grade, which according to him is more than 5 years including the period of ad hoc appointment, Shri Rampal Sahu claimed promotion on the post of lecturer in English. This is the genesis of dispute between these two persons.

6. It is evident that the post fell vacant on 10th May, 1996 on which date Shri Kashmir Singh Yadav was not qualified, inasmuch as, he did not possess the degree of M.A. in English and Shri Rampal Sahu had not been transferred to the institution, inasmuch as, he was not even born in the cadre so as to entitle him for consideration. The dispute began when the Committee of Management passed a resolution on 20th September, 1997, almost after 14 months of the occurrence of the vacancy, for the ad hoc promotion of Shri Kashmir Singh Yadav as ad hoc lecturer in English. This resolution of the Committee of Management was approved by the District Inspector of Schools on 1st December, 1997. Shri Kashmir Singh Yadav was issued a letter of appointment as ad hoc lecturer in English in pursuance of the said approval on 8.12.1997.

7. Shri Rampal Sahu, for the first time, raised a dispute on 12th December, 1997 objecting to this aforesaid approval of the proposal to promote Shri Kashmir Singh Yadav as lecturer in English. The District Inspector of Schools vide order dated 9th January, 1998 rejected the objection of Shri Rampal Sahu and assented to the financial sanction of the ad hoc promotion of Shri Kashmir Singh Yadav with a request to