Ajoy Nath Ray, Ashok Bhushan, JJ. - (1.) We are in respectful agreement with the reasoning given and the order, passed by the Hon'ble Single Judge in his Lordship's Judgement and order dated 25.8.2005.
(2.) The matter before his Lordship consisted of a seniority dispute between Ram Subhao Yadav and Bechu Singh. This dispute assumed relevance and importance since the seniormost teacher is to be appointed as Ad- hoc Principal, to the Institution now.
(3.) These two appeals have been filed against the impugned order one by Yadav and another by the Committee of Management, the Manager of which is also another Yadav, namely, Rajendra Prasad Yadav. However, the similarity of the surname has no legal relevance. Bechu was appointed in 1969 and Yadav in 1971. In the normal course Bechu would be senior. By an order passed in the year 2001, the District Inspector of Schools had disapproved the suspension of imposed on Bechu and by the same order had recommended Bechu's appointment as officiating Principal. Yadav, meaning there by Ram Subhao Yadav (and it will be so meant hereafter), filed a writ petition which was dismissed by a reasoned order of Hon'ble D.P. Singh on the 5th of April 2004. The special appeal filed thereafter was disposed of on 20.7.2004. The appeal was dismissed but at the end the Division Bench decided to direct the issue of seniority to be decided by the concerned authorities under the UP Intermediate Education Act and Regulations.;