( 1 ) THIS petition has been filed for quashing the order dated 30th December 1998 passed by the District Inspector of Schools rejecting the representation dated 15th May 1998 filed by the petitioner claming promotion on ad hoc basis on the post of Lecturer in Civics in the D. A. V Narang Inter College, Ghughli District Mahrajganj (hereinafter referred to as the College) and for other consequential reliefs.

( 2 ) I have heard Sri G. K. Singh, learned counsel for the petitioner, the learned Standing Counsel appearing for respondent no. 1 and Sri Ashok Khare, learned Senior Counsel appearing for respondent no. 3.

( 3 ) THE petitioner was appointed as an Assistant Teacher in the L. T. Grade in the College on 28th July 1974. The regular Principal of the College Sri Parshuram Mani Tripathi retired on 30th June 1993 as a result of which the senior most Lecturer in the College Sri T. N. Rai became the Officiating Principal. On 13th April 1997 the Committee of Management passed a resolution promoting respondent no. 3 Sri Janardhan Prasad Gupta on ad hoc basis on the post of Lecturer in Civics on the short term vacancy arising out of the appointment of Sri T. N. Rai as the ad hoc Principal of the College. The claim of the petitioner who was the senior most teacher in the L. T. Grade was rejected by the Committee of Management on the sole ground that he did not possess the requisite qualification on 30. 6. 1993 when the post fell vacant. On 29th April 1997, the District Inspector of Schools disapproved the proposal of the Committee of Management promoting respondent no. 3 on ad hoc basis against the short term vacancy. Feeling aggrieved by the said decision respondent no. 3, Sri Janardhan Prasad Gupta filed a writ petition in this Honble Court being writ petition no. 16279 of 1997 which was allowed by means of the judgment dated 15th May 1997. The matter was sent back to the District Inspector of Schools to decide the question of promotion.

( 4 ) PURSUANT to the aforesaid judgment, the District Inspector of Schools passed an order on 2nd June 1997 directing the College to grant ad hoc promotion to respondent no. 3 as a Lecturer against the short term vacancy. The Officiating Principal Sri T. N. Rai, however retired on 30th June 1997 as a result of which the post of Lecturer in Civics fell vacant on a substantive basis. This prompted the petitioner to file a representation to the Committee of Management for promoting him on ad hoc basis on the post of Lecturer in Civics, since he was the senior most L. T. Grade Teacher and possessed the requisite qualification on the date of occurrence of the vacancy i. e. 30th June 1997. It may be stated that in the meantime the petitioner had acquired the requisite qualification as he obtained his M. A.

( 5 ) DEGREE in Political Science in June 1996. Since the Committee of Management did not accede to his request, the petitioner filed a writ petition in this Court, being writ petition no. 21071 of 1997, which was disposed of by this Honble Court by means of the judgment and order dated 20th April 1998. The Court noticed that pursuant to the direction issued by this Court on 15th May 1997 in writ petition no. 16279 of 1997, the District Inspector of Schools had passed an order on 2nd June 1997 directing the College to grant promotion on ad hoc basis to respondent no. 3 Sri Janardhan Prasad Gupta against the short term vacancy arising out of the promotion of Sri T. N. Rai, as Officiating Principal of the College and then passed an order, the relevant portion of which is quoted below:-

" The version of the petitioner is that Sri T. N. Rai has retired from service on 30th June, 1997 on attaining the age of superannuation. On his retirement, the post of lecturer in Civics has now fallen vacant substantively. The matter of promotion has to be considered in accordance with law keeping in view the seniority of the petitioner and respondent no. 3 inter se. The petitioner claims himself to be senior to respondent

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