- (1.) RAKESH Tiwari, J. Heard learned Counsel for the parties and perused the record.
(2.) THE petitioner has prayed for a writ of certiorari for quashing the order dated 31-12-1997 passed by the District Inspector of Schools, Deoria, respondent No. 1, besides a writ of mandamus commanding the respondents not to interfere with his working as Lecturer in Hindi in the respondent-College. A substantive vacancy of Lecturer in Hindi occurred on the retirement of one Shri Baijnath Singh on 1- 1-1996. The Committee of Management passed a resolution on 17-7-1996 promoting one Sri Govind Tiwari, respondent No. 3, as Lecturer in Hindi. The Court vide order dated 12-2-1998 stayed the operation of the order dated 31-12-1997 until further orders.
(3.) THE learned Counsel for the petitioner has relied upon the Hon'ble Supreme Court decision rendered in U. P. Public Service Commission v. Alpana, 1994 (1) UPLBEC 242, wherein the apex Court relying upon the decision in the case of Dr. Raman Kumar Pandey v. Sukhram Pal Singh, 1995 (1) ESC 74 (All), held that the result of the examination date back to the examination to which it relates is no more valid as the decision of this Court laying down the principle has been over-ruled by the Hon'ble Supreme Court and the teacher who had appeared in the examination will not relate back to declaration of the result. He has also relied upon the decisions reported in 1994 (1) UPLBEC 242 (para 2), 1995 (1) ESC 74 (paras 10, 11 and 12), 1997 (2) UPLBEC 81, Keshar Ram Dargan v. D. I. O. S. Haridwar & Ors. (para 6) and 1998 (1) AWC 377, Iqramul Haq v. D. I. O. S. , Allahabad & Anr. . In Iqramul Haq (supra) the petitioner had appeared in M. A. Final Year Examination prior to 30-6-1996 and his result was declared on 30-9-1996, i. e. , subsequent to the occurrence of vacancy. The learned Single Judge of the Court held that Iqramul Haq was not qualified on the date of occurrence of the vacancy. The Special Appeal filed by Iqramul Haq against the judgment of the learned Single Judge was also dismissed vide decision rendered in 2006 (1) ESC 299 (All ).;