An ad hoc appointment made contrary to the provisions of Section 18 of U. P. Act No. 5 of 1982 is void ab initio and the appointee is not entitled to be regularised under Section 33-A of the Act.

( 1 ) FEELING aggrieved against the order dated 23. 1. 1996 passed by Deputy Director of Education (Madhyamik) Azamgarh Region Azamgarh/the respondent No. l contained in Annexure 5 to the writ petition, the petitioner has filed the above noted writ petition. A further relief in the nature of mandamus was sought for directing the Committee of Management to proceed to fill up the post of lecturer in English in the institution in question afresh.

( 2 ) THE relief sought in the writ petition rests on the allegations that the institution in question namely D. A. V. Inter College Maunath Bhanjan District Mau hereinafter referred to as the institution is recognised under the provisions of U. P. Intermediate Education Act, 1921, hereinafter referred to as the Act, 1921. The institution is also receiving grants in-aid out of state fund, and is recognised under the provisions of U. P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other employees) Act, 1971, hereinafter referred to as payment of salaries Act, 1971. The provisions of U. P. Secondary Education Services Selection board Act, 1982 hereinafter referred to as U. P. Act No. 5 of 1982, and various Removal of difficulties Orders issued thereunder from time to time are also applicable in connection of appointment, promotion and disciplinary control of the teachers of the institution. The petitioner was appointed as Assistant Teacher in C. T. Grade on 19. 1. 1978 in the institution and similarly the respondent 4 Amar Nath Misra was also appointed as Assistant Teacher C. T. Grade in the same institution on 19. 1. 1978 itself. The petitioner was senior in age therefore he was senior to the respondent 4 as per Regulation 2 of Chapter 2 of the Regulations framed under the 1921 Act. It is also alleged that the petitioner has passed his M. A. Examination in English and was also trained while he was appointed on the aforesaid post. So far as the respondent 4 is concerned it is stated that he passed his M. A. Examination in English in the year 1981 after his appointment as c. T. Grade teacher in the institution. One post of lecturer in English fell vacant on 30. 6. 1985 on account of retirement of one Sri Bhagwat Lal Srivastava. There was no English teacher available in the L. T. Grade in the institution who could be promoted on the aforesaid vacant post of lecturer in English in the institution, consequently the Committee of Management had filled up the aforesaid vacancy by way of direct recruitment. It is alleged that the Committee of management of the institution was interested in appointing the respondent 4 as lecturer in english on adhoc basis consequently the Committee of Management without intimating the vacancy to the U. P. Secondary Education Services Commission/selection Board hereinafter referred to as the Commission/selection Board as required under Section 18 of the U. P. Act No. 5 of 1982 and without following the procedure prescribed under Section 18 of the U. P. Act No. 5 of 1982 and First Removal of Difficulties Order, 1981 proceeded to appoint the respondent 4 on adhoc basis by way of direct recruitment. It is further alleged that as per the case set up by the respondent 4 himself before the Deputy Director of Education (Madhyamik), the vacancy in question was allegedly notified to the Commission by the Managing Committee on 25. 6. 1985. The Committee of Management thereafter passed a resolution on 20. 8. 1985 whereby a sub-Committee of three persons namely Brij Bihari Tandon the Manager, Raj Narain and Sri narain Misra the Principal was constituted for selecting the candidates for appointment on the post in question in accordance with the provisions of U. P. Act No. 5 of 1982. The Committee of management in its resolution dated 20. 8. 1985 also resolved that candidature of the respondent 4 for appointment on the post in question shall also be considered keeping in view the fact that he was teaching English in Intermediate