B.D. Agarwal, J. - (1.) The Petitioner and the Respondent No. 3 both were appointed Assistant Teachers in L.T. Grade in tine Gandhi Inter College, Chikahar, district hallia, with effect from July is, 1967, and played on probation for one year each. The Petitioner, it appears was promoted as lecturer in Hindi on ad hoc basis with effect from March 1, 197o, by the Committee of Management and to this the District Inspector of Schools (for short the Inspector) accorded approval on 5th October. 1976. On 20th November, 1976, the Inspector made an order promoting both, the Petitioner and the Respondent, as lecturers in Hindi and Civics respectively. Dispute arose in regard to the determination of seniority between them inter se. The Inspector took the decision on appeal by the Petitioner that the Respondent is senior to him since both were promoted on the same date and in age the Respondent is older. This order is dated 13th June, 1985. Aggrieved against this order the Petitioner has approached this Court under Article 226 of the Constitution.
(2.) Learned Counsel for the Petitioner contends that the impugned order passed by the Inspector overlooks the provisions contained in Sec. 16GG of the Intermediate Education Act, 1921. The submission is that on the basis thereof the Petitioner is deemed to have been appointed in a substantive capacity right from March 1, 19 6 and since in point of time this was earlier to the promotion given to the Respondent on 20th November, 1976, he should be considered senior and the question of age does not arise. For the other side the submission made is that the Petitioner is not eligible to the benefit Under Sec. 16GG in view what is contained in Sub -section (2) and Sub -section (3)(a) thereof.
(3.) Regulation 3(1) Chapter II Intermediate Education Act requires the Committee of Management or every institution to prepare a seniority list of teachers. In view of Clause (b) the seniority of teachers in a grade shall be determined on the basis of their substantive appointment on the same date; seniority is to be determined on the basis of age. A teacher aggrieved from the decision of the Committee of Management is given the right to prefer an appeal to the Inspector (vide Clause ( f)). Sec. 16GG, introduced with effect from April 21, 1977, by the U.P. Act v/s. of 1977 is admittedly regulatory in nature. This is overriding also as appearing from the non -obstante clause saying that this shall operate notwithstanding anything Contained in Ss. 16E, 16F and 16FF. The provision made in Sub -section (1) of Sec. 16GG is attracted where the following conditions are fulfilled: (i) the teacher has been appointed between August 18, 1975 to September 30, 1976, on ad hoc basis against a clear vacancy ; (ii) he possesses prescribed qualifications or has been exempted in accordance with the provisions of the Act ; (iii) he has been continuously serving the institution from the date of his appointment up to the commencement of this section.;