PRAKASH KRISHNA, J. - (1.) THESE two writ petitions are connected and learned Counsel for the parties jointly agreed that they may be heard together and may be disposed of by a common judgment as the facts are interwoven and failure of one writ petition will entail the success of another.
(2.) THE facts of the case lie in a narrow compass. Dr. M.A. Anwar Intermediate College, District Ghazipur, is a recognized and aided educational institution governed by the provisions of U.P. Intermediate Education Act and regulations framed there under. At the relevant point of time the college was managed by the Authorized Controller appointed under Section 16-D (5) of the aforesaid Act. In the present case a dispute arose to fill up the post of Lecturer in Economics. Sri Ajay Kumar Pandey, hereinafter referred to as the petitioner was. appointed as ad-hoc Lecturer by direct recruitment on the aforesaid post which had fallen vacant due to appointment of Nand Kumar lal as ad-hoc Principal of the institution. The said appointment was approved by the District Inspector of School (Shri P.C. Shukla) by the order dated 4th December, 1987, Annexure-4 to the writ petition. Subsequently the District Inspector of School (Sri P.C. Shukla) by the letter dated December, 1987 cancelled the aforesaid approval on the ground that by granting earlier approval the entire record was not examined. A copy of the said letter has been filed as Annexure-5 to the writ petition. Feeling aggrieved against the aforesaid order, Writ Petition No. 23552 of 1987 has been filed. This Court while entertaining the writ petition by way of interim measure by the order dated 22nd December, 1987 stayed the operation of the impugned order dated 19th December, 1987 and provided that it shall be open to the District Inspector of Schools to make enquiry and pass fresh order after giving an opportunity of hearing to the petitioner.
(3.) SRI Anwarul Hasan who has filed Writ Petition No. 8798/93 claimed that the aforesaid vacancy should be filled up by way of promotion under the provisions of U.P. Secondary Education Services Commission Removal of Difficulties Order (Second Order), 1981, Staking his claim for promotion on the aforesaid post of Lecturer in Economics Sri Anwarul Hasan filed aforesaid Writ Petition No. 8798/93. He also applied for his impleadment in the Writ Petition No. 23552 of 1987. The said impleadment application after contest was allowed. He was permitted to be impleaded as respondent No. 3 in the said writ petition. It appears that the District Inspector of Schools in pursuant of the interim order dated 22nd December, 1987 as stated above, reconsidered the matter and came to conclusion that the post in question was not covered by 40% promotional quota Rule and was to be filled up by direct recruitment The said order is dated 29th April, 1989. A copy of the said order was filed along with the rejoinder affidavit by the petitioner in his writ petition. On coming to know by passing of such order an application was filed by respondent in Writ Petition No. 9798/93 for amending the writ petition and also for quashing the said order. The amendment application was allowed.;