M. Katju and Umeshwar Pandey, JJ.—This special appeal has been filed against the impugned judgment of the learned single Judge dated 5.4.2004. We have heard Sri Bhim Singh, learned counsel for the appellant and Sri Vijay Singh for

respondent No. 5. The facts of the case have been given in detail in the impugned judgment, and here we are not repeating the same.

2. We find no merit in this special appeal. In view of the decision of the Full Bench of this Court in Radha Raizada and others v. Committee of Management, Vidyawati Darbari Girls Inter College and others, 1994 (3) UPLBEC 1551, the senior- most teacher in the Institution is normally entitled to be appointed as Principal on ad hoc basis till regular selection by the U. P. Secondary Education Service Selection Board.

3. However, since respondent No. 5 was suspended, hence the appellant was appointed ad hoc Principal. Thereafter the District Inspector of Schools by order dated 7.7.2001 disapproved the suspension order under Section 16 (g) (7) of the U. P. Intermediate Education Act. That order was challenged before the learned single Judge, who has dismissed the writ petition.

4. In our opinion, the writ petition itsel