JUDGMENT :

(1) Heard Sri Yogendra Kumar Mishra, learned Counsel for the appellant and Sri Anil Kumar Singh Visen, learned Standing Counsel for the State-respondents.

(2) The instant Special Appeal has been filed under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 assailing the order dated 04.10.2021 passed in Writ Petition No. 1301 (SS) of 2017, Rakesh Kumar v. State of U.P. and others, whereby the writ petition filed by the appellant-petitioner has been dismissed on the ground that since the appellant/petitioner lacks essential qualification as prescribed under the Statute for appointment as Assistant Teacher in the attached Primary School of the Institution inasmuch as B.P.Ed. degree is not an alternate qualification prescribed for B.T.C., he cannot claim to be qualified.

(3) Facts necessary for disposal of the appeal, which lies in narrow compass, need mention infra to appreciate the controversy involved in the appeal.

(4) Swami Vivekanand Inter College, Gonda (here-in-after referred to as ‘the institution’ for the sake of brevity) is a recognized and Government aided institution imparting education upto Intermediate classes. The institution is governed under the provision