By the Court.—These 5 Special Appeals arise out of a common question with regard to the procedure to be applied for Selection and appointment on the post of class-IV employees against sanctioned posts in Higher Secondary Institutions governed by the provisions of the U.P. Intermediate Education Act 1921 and the Regulations framed thereunder.

2. The issue has arisen on account of there being a vacuum under the relevant Regulations with regard to the procedure to be followed by the appointing authority, which was sought to be introduced and filled up through the orders issued by the State Government and by the Director of Secondary Education, particularly the communication of the Secretary of the concerned department dated 11.5.2001 to the Director of the Education and the consequential Circular issued by the Director of Education dated 1.6.2001.

3. We had adjourned the matter on several occasions calling upon the State Government to clarify the status of the communication dated 11.5.2001 which has been interpreted in a number of decisions of this Court to be discussed hereinafter, to be a Government Order, and the source of power to issue such a Government Order traceable to s