S.K. Dhaon, J. - (1.) THIS writ petition, at the instance of a teacher, is directed against an order dated 02.02.1985 passed by the District Inspector of Schools. Ghazipur determining, the seniority inter -se between the petitioner and Sarva Sri Ram Bachan Chaubey and Ramji Pandey, respectively Respondents No. 3 and 4. The Petitioner has been declared to be junior to the said Respondents.
(2.) IT is not in dispute that the Respondents No. 3 and 4 were appointed some time in 1970 as temporary teachers. These appointments came to an end on 30th June of each year and thereafter the said Respondents were reappointed for another term. This process continued right up to 1973. It is also not in dispute that the Respondent No. 3 was appointed on permanent basis with effect from 01.07.1973 and the Respondent No. 4 was similarly appointed on 01.07.1973. It is also not in dispute that the Petitioner was appointed on permanent basis from 08.07.1971. It is significant to note that Respondents No. 3 and 4 were appointed as permanent teachers after following the prescribed procedure. Their names were recommended by a duly constituted Selection Committee. The District Inspector of Schools has based his decision solely on the provision as contained in the U.P. Secondary Education (Removal of Difficulty) Vth Order, 1976. In order to determine as to whether this provision has been correctly applied, we may, in brief, refer to the relevant provision of the Regulations framed under the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the Act).
(3.) CLAUSE 3 of Chapter II provides that the Committee of Management of every institution shall cause a seniority list of teachers to be prepared in accordance with certain provisions as contained in (a) and (b) are relevant and extracted below: (a) The seniority list shall be prepared separately for each grade of teachers whether permanent or temporary, on any substantive post; (b) Seniority of teachers in a grade shall be mentioned on the basis of their substantive appointment in that grade. If two or more teachers were so appointed on the same date, seniority shall be determined on the basis of age.;