JUDGMENT :

1. Heard Shri V.K. Upadhyay, learned Senior Counsel assisted by Shri Bhaiya Lal Yadav along with Sri Bidhan Chandra Rai, learned counsel for the writ petitioner, Sri Shashi Nandan, learned Senior Counsel assisted by Sri G.C. Saxena, learned Standing Counsel for State-respondents and Sri Dinesh Kumar Mishra, learned counsel who appears for third and fourth respondents.

2. The brief facts of the case shorn of unnecessary details as worded in the writ petition are that the third respondent, M.G. Polytechnic, Hathras (in short 'Institute') is affiliated to Board of Technical Education governed under the provisions of the Uttar Pradesh Pravidhik Shiksha Adhiniyam, 1962, U.P. Act No. XVII of 1962 (in short 1962 Act') possessing an approved scheme of administration under Section 22-A of 1962 Act.

3. Records reveal that a government order was issued on 08.04.1991 addressed to the second respondent, Director, Technical Education, Directorate of Technical Education, District Kanpur, U.P. providing for creation of four post of Lecturers in Electronics discipline in the third respondent-institute amongst other posts.

4. It is the case of the writ petitioner that as per the provisions co