A.P. Singh, J.

Post of L.T. grade teacher in S.V. Inter College, Lahua Kalan, Azamgarh for short the College, is the bone of contention in the above two writ petitions. While Rajendra Mishra, Petitioner No. 1 in writ petition No. 11229 of 1982, for short the Petitioner of the 1st writ petition, claims this post by way of promotion from C. T. grade on, ad hoc basis under Removal of Difficulties Order 1981 issued u/s 33 of the U.P. Act No. 5 of 1982, on that said post falling vacant either due to the promotion of a L.T grade teacher of the College in the lecturer' grade or due to the creation of the post of Geography teacher in that grade, which is, however, disputed by the District Inspector of Schools, for short DIOS. However, for settlement of the present dispute it is not necessary to resolve they controversy as to on which post Petitioner of 1st writ petition, Rajendra Mishra, was appointed. On the other hand, Shyam Sunder Singh, Petitioner in writ petition No. 2734 (A) of 1989, for short Petitioner of IInd writ petition, claims this post under Rule 2 (chha) of Chapter II of the Regulations framed under U.P. Intermediate Education Act, 1921, for short the 1921 Act and ' Regulations coupled with the order dated 2-1-88 of the Regional Deputy Director of Education VIIth Region, Gorakhpur. for short the D.D.R., who is Respondent No. 4 in the Had writ petition.

2. By an order dated 14-2-1989 passed in the IInd writ petition both writ petitions were connected and are thus being decided together by a common judgment more so because the post, the parties and the questions involved in both the cases are common.

3. Petitioner of the 1st writ petition is Respondent No. 5 in IInd writ petition whereas Petitioner of IInd writ petition is Respondent No. 4 in the 1st writ petition by virtue of the order dated 4-12-1989 passed in the 1st writ petition on an application for impleadment filed by Petitioner of the IInd writ petition in the 1st writ petition.

4. In short, the facts of the 1st writ petition may be stated as follows:

Petitioner No. 1 was appointed by the managing committee of the College by resolution dated 26-1-1982 by way of ad-hoc promotion from C.T. grade to the L.T. grade the Committee sent the said resolution to the DIOS, Azamgarh for grant of approval. By the same resolution the managing committee also appointed Petitioner No. 2 as C.T. grade teacher to fill up the vacancy caused in the C.T. grade due to the ad-hoc promotion of Petitioner No. 1.

Both these appointments were approved by the DIOS, Azamgarh by his order dated 28-6-1982. Subsequently, on a complaint/representation filed by Ram Janam Singh, Respondent No. 3, who happened to be the senior most teacher of the College in the C.T. grade, the DIOS, Azamgarh by the impugned order dated 4-9-1982 (which has been filed as annexure 8 to the writ petition) recalled his order dated 28-6-1982 on the grounds that petitioner's promotion in L.T. grade Was made in violation of Regulation 6 of Chapter III of the Regulations inasmuch as the claim for promotion, in the said grade, of the senior most teacher in C.T. grade was not considered by the Managing Committee while passing the resolution promoting the Petitioner of the 1st writ petition. Both Rajendra Mishra and Om Prakash Singh feeling aggrieved by the above noted impugned order dated 4-3-82 of the DIOS filed this writ petition and obtained stay order on 28-9-1982 which was, however, vacated by this Court vide order dated 4-2-1989 at the instance of Shyam Sunder Singh Petitioner of the IInd writ petition, who as stated above, also claimed a lien on the post by virtue of Regulation 2 (chha) of Chapter II of the Regulations and also by virtue of the order passed by the D.D.R. Gorakhpur dated 2-1-1988.

5. Similarly, it is necessary to notice in short the facts of the IInd writ petition which are as follows:

The College was a Junior High! School prior to 5th October, 1971 on which date it was raised to the level of High Scho