IMPORTANT POINT
The court established that interim orders do not invalidate prior valid selections and that seniority must be determined based on actual service and selection dates.

JUDGMENT :

AJIT KUMAR, J.

1. Heard Sri Bheem Singh, learned counsel appearing for the petitioner Committee of Management Vaidik Kanya Inter College, Dadri, District Gautam Budh Nagar in Writ A No. 7096 of 2020 and on behalf of Smt. Anupama in Writ A No. 3608 of 2021 and Sri Jagannath Singh, learned counsel appearing for petitioner Smt.Ratan Prabha in Writ A No. 866 of 2020 and Writ A No. 9586 of 2021. In all the writ petitions controversy relates to seniority between one Smt. Ratan Prabha and Anupama in the institution so as to hold charge of officiating Principal. Smt. Anupama has been permitted by the Committee of Management to officiate as Principal of the institution. In Writ A No. 7096 of 2020 and in Writ A No. 3608 of 2021, the order passed by the Regional Joint Director of Education dated 25.10.2019 holding the petitioner senior most lecturer is under challenge. In Writ A No. 866 of 2020, the prayer is to the effect to direct the Committee of Management to give effect to the order passed by the Regional Joint Director of Education i.e. directing the petitioner to be the senior most teacher in the institution, whereas in Writ A No. 9586 of 2021, the officiating charge given to Smt. Anupama by order dated 24.8.2019 and attestation of signature of Smt. Anupama was given on 17.10.2019. The case has a checkered history, and, therefore, needs lucid detail of facts which are stated as under:

2. The petitioner Ratan Prabha applied for the post of lecturer (Civics) pursuant to advertisement being No. 1 of 2004 issued by U.P. Secondary Services Selection Board (hereinafter referred as 'Board'). In the selection held by the Board, petitioner Ratan Prabha got selected and was recommended initially for being appointed as a lecturer (Civics) in Nagar Palika Inter College, Badaun. However, in the absence of vacancy, there at Badaun she was not permitted to join and consequently filed writ petition before this Court being Writ A No. 19955 of 2006. The said writ petition was disposed of, vide order dated 10.4.2006, issuing a direction to the Board to make a recommendation for adjustment of petitioner in some other institution where vacancy exists. The order passed by this Court dated 10.4.2006 is quoted below:

“The petitioner is a selected candidate and was recommended by the Board to join the institution concerned but was not allowed to join. The District Inspector of Schools has intimated that the post in question has already been filled up by way of promotion and, therefore there is no vacancy.

Sri A.K. Yadav, the learned counsel for the Selection Board, upon instructions received by him, admits this fact.

In view of the aforesaid, the writ petition is allowed and a mandamus is issued to the Selection Board to pass fresh orders, recommending the name of the petitioner in another institution, where a vacancy exists, within one month from the date of the production of a certified copy of this order.”

3. In compliance of the orders so passed above by the Court, the Board made recommendation on 17.5.2006 adjusting the petitioner as a lecturer (Civics) in Vaidik Kanya Inter College, District Gautam Budh Nagar, the institution been run by the petitioner in writ petition No. 7096 of 2020. It appears that when the recommendation was not being put to action at the end of the institution, a clear directive was issued by the Director Secondary Education U.P. Lucknow on 20.7.2006 asking the District Inspector of Schools to ensure joining of the petitioner Ratan Prabha and in the event of failure on the part of the Committee of Management not issuing the appointment order, take action under Regulation 17 of 1998 Regulations. The letter issued by the Director of Secondary Education U.P. Lucknow dated 20.7.2006 for its better appraisal is reproduced herein-under:

4. It is upon the above order been passed by the Director of Secondary Education that petitioner was given joining directly in the institution by the Principal of the institution on 1.7.2006. This