By the Court.—This intra Court appeal is directed against the judgment and order dated 9.12.2005 passed by learned Single Judge in Civil Misc. Writ Petition No. 32932 of 2004; Ajay Singh v. State of UP and others, whereby the writ petition has been allowed and the respondents have been directed to hold fresh selection in accordance with law for the appointment on the post of Lecturer in Mathematics in the Institution.

2. The facts giving rise to the dispute are as under:

(I) St. Andrews Inter College, Gorakhpur (for short ‘the institution’) is a minority institution duly recognized and aided and governed under the provision of Intermediate Education Act, 1921 and the Rules and Regulations framed thereunder.

(II) The vacancy for the post of two lecturers, one in Mathematics and one in Physics and one in LT Grade occurred in the institution on 30.6.2001 and the process of appointment on the said posts was undertaken by the committee of management.

(iii) The dispute in the present appeal is in respect of the appointment of the appellant on the post of Lecturer in Mathematics. After recommendation of the name of the appellant, the matter was referred to the District Inspector o