Hon’ble Vikram Nath, J.—Learned Single Judge of this Court vide order dated 7.7.2006 required that a reference be made to a Larger Bench for authentic pronouncement on the following two questions:

(i) Whether after rescission of U.P. Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 with effect from 25.1.1999, the Committee of Management can make temporary / Ad hoc appointment on short-term vacancies resorting to its power given under Chapter-II, Regulation 9 and Section 16-E(11) of the U.P. Intermediate Education Act, 1921 despite the provisions of Section 16(1) of the U.P. Secondary Education (Services Selection Boards) Act, 1982?

(ii) Whether the judgment of learned Single Judge in Rakesh Chandra Misra v. State of U.P. and others, (2004) 3 UPLBEC 2671, lays down correct law?

Pursuant thereto Hon’ble the Chief Justice vide order dated 14.11.2006 passed the following orders:

“Let the matter be heard by Hon.R.K. Agarwal and Vikram Nath, JJ.”

It is thus that the matter has been placed before us for answering the questions referred to in the order dated 7.7.2006.

2. We have heard Sri P.N. Saxena, learned Senior Advocate assisted by Sri H.N. Pan