JUDGMENT S. H. A. Raza, J. 1. The petitioner Smt. Indra Khare has prayed for the issue of a writ in the nature of certiorari quashing the order dated 25th August, 1987, passed by the Regional Inspectress of Girls Schools, VI Region as well as prayed for a writ of mandamus commanding the opposite parties to promote the petitioner to the post of Lecturer in Hindi, in accordance with the provision of Regulation 5 Chapter 2 of the Regulations framed under U. P. Intermediate Education Act. 2. By means of the order dated 25th August, 1987 the Regional Inspectress of Girls Schools, VI Region Lucknow cancelled the order dated 5-1-1987 and directed the recruitment of one post of Hindi teacher, one post of English teacher and one post of Civics teacher on which posts Smt. Usha Atri, Smt. Kamlesh Bhatnagar and Smt. Sarojani Pande were working. The petitioner averred that the petitioner was appointed as a teacher in C. T. Grade in Navyug Kanya Inter College, Lucknow. On 1st July, 1986 on account of retirement of Mrs. Usha Yajnik Hindi Lecturer, the petitioner was asked to teach Hindi classes in Intermediate Classes. She taught Hindi in first year as well as in second year in the year 1986-87. She made a representation to the opposite party no. 1 that vacancy of Lecturer in Hindi be filled up by promotion quota of 40 percent. The petitioner who is M. A. in Hindi and M. A. in Sanskrit and possessed the teaching experience of more than five years was fully eligible for the said promotion. The opposite party no. 1 by order dated 5-1-1987 decided that the vacancies including the vacancy of Lecturer in Hindi were to be filled up by 40% quota of promotion. In compliance of the said order of the Regional Inspectress of Girls Schools, passed on 5-1-1987 the petitioner made a representation to the opposite party no 2 for promotion on the post of Lecturer in Hindi. The said representation was not decided by the Committee of Management, opposite party no. In compliance of the said order of the Regional Inspectress of Girls Schools, passed on 5-1-1987 the petitioner made a representation to the opposite party no 2 for promotion on the post of Lecturer in Hindi. The said representation was not decided by the Committee of Management, opposite party no. 2, however, certain letters were sent to the Regional Inspectress of Girls Schools by the said Managing Committee but on the basis of the said letters, the Regional Inspectress of Girls Schools recalled its earlier order and decided that the 2 vacancies were to be filled up by direct recruitment and granted confirmation to the appointments made on the said posts on the basis of direct recruitment. The petitioner came to know about the impugned order on 14th November, 1987 when the opposite party no. 3 came to join the post of Lecturer. 3. The grievance of the petitioner is that while appointing the opposite party no. 3 as Hindi Teacher, who is a reserve pool teacher, no opportunity of hearing was given to the petitioner who was adversely affected. It has further been averred that at the time of vacancies, there were 36 sanctioned posts and on the basis of 40 percent quota, there should have been 14 promotions. 24 posts have already been filled up by direct recruitment, thus 12 posts remained due for promotion under 40 percent promotion quota. 10 posts had already been filled up and thus, the remaining two posts were to be filled up by the promotion under 40 per cent quota. It was for this reason that the opposite party no. 1 on 5-1-1987 had ordered for filling up the two posts, including that of the petitioner by 40 per cent quota of promotion. The impugned order dated 25-8-1987 passed by the Regional Inspectress of Girls Schools has been challenged on the ground that the provisions of Regulation 5 of Chapter 2 of Regulations framed under the Intermediate Education Act, the petitioner was legally entitled for promotion to the post of Lecturer and the opposite parties in utter violation has refused the said right to the petitioner. The opposite party no. 1 had no jurisdiction to recall its order dated 5-1-1987 and to pass fresh orders after review on 25-8-1987 as there exists no provision of review of such an order under the Intermediate Education Act. The opposite party no. 1 had no jurisdiction to recall its order dated 5-1-1987 and to pass fresh orders after review on 25-8-1987 as there exists no provision of review of such an order under the Intermediate Education Act. No Reserve pool teacher can be appointed under sub-section 3 of Section 21-B amongst 40 per cent reserved for promotion and as such the appointment of opposite party no. 3 is manifestly illegal. On 8-12-1988 this Court passed the following order :- "No counter affidavit to this application has been filed. The grievance of the petitioner is that she was promoted in pursuance of order dated 5-1-1987 and the said promotion has been cancelled vide order dated 25-8-1987 without giving any opportunity of hearing to her. In case the post is still available, operation of the impugned order dated 25-8-1987 shall be deemed to have stayed so far as the petitioner is concerned and the petitioner shall be allowed to work on the promoted post and shall be paid salary for the same." 4. Smt. Ranjana Sharma, opposite party no. 3 has filed her own counter affidavit in which she averred that she had passed her M. A. examination with Hindi and B. A. with subjects Hindi, Sanskrit and Sociology from Lucknow University. It was denied that the vacancy caused due to the retirement of SMT. Usha Yajnik was to be filled by promotion, as the promotion quota had already exhausted and there existed no question of filling the post by way of promotion. It was also denied that the Management had represented for filling of the said post by promotion. The Regional Inspectress of Girls Schools had accepted that the post fell vacant due to the retirement of SMT. Usha Yajnik was to be filled up by direct recruitment. It was vehemently denied the petitioner was entitled to the salary as she was never appointed to the Post of Lecturer in Hindi in the College and her statement to that effect is false. In reply to the counter affidavit, the petitioner further averred that mere issuance of an appointment order for the post which was to be filled In under 40 per cent quota will not make the said post fit for direct recruitment. The post in question is still available as per stand of opposite party no. 3 herself under 40 per cent promotion quota. The post in question is still available as per stand of opposite party no. 3 herself under 40 per cent promotion quota. Even before the appointment order of the opposite party no. 3 the petitioner was teaching Intermediate classes in Hindi for one academic year before her promotion. 5. It was further averred that although the Regional Inspectress of Girls Schools honoured the interim order passed by this Court and issued orders for compliance but lateron recalled the same, thus, the Committee of Management as well as Regional Inspectress of Girls Schools have committed gross contempt of the Court by violating the interim order passed by this Court on 8-12-1988. The petitioner was not allowed to work on the promoted post and has not been paid salary for the same although the post was available. 6. A counter affidavit on behalf of the opposite party no. 2 has been filed by Sri Uma Shanker Halwasiya, Vice President Navyug Kanya Inter College, in which it has been averred that the petitioner was never ordered to teach the classes in Intermediate standard After the retirement of Mrs. Usha Yajnik the petitioner having regard the interest of the students was allowed to teach Intermediate classes in Hindi by the Principal which was only a local arrangement and hence no right accrued by virtue of the said local arrangement in favour of the petitioner. The said vacancy was to be filled in by way of direct recruitment, hence there was no question to make the appointment by way of promotion and the Regional Inspectress of Schools was accordingly intimated. It was admitted that the order dated 25th August, 1987 was issued permitting to fill up the post by a reserve pool teacher. It was averred that the petitioner moved a representation on 5-3-1987 when the mode of filling of the post in question was being enquired into by the opposite party no. 1. Since the Regional Inspectress of Girls Schools found that the said post was to be filled in by direct recruitment, hence the order dated 25-8-1987 was issued and as such there was no question for issuance of any order in pursuance of the said representation. 1. Since the Regional Inspectress of Girls Schools found that the said post was to be filled in by direct recruitment, hence the order dated 25-8-1987 was issued and as such there was no question for issuance of any order in pursuance of the said representation. The letter dated 25-8-1987 was simply an official correspondence in which the Regional Inspectress of Girls Schools expressed her views regarding the mode of filling of the post in question but as the facts discussed and taken into consideration by the opposite party no. 1, no opportunity of hearing was needed in the matter. Out of the 36 sanctioned posts 15 posts have been occupied by direct recruitees and hence the vacancy in question was to be filled in by direct recruitment. As the post in question belongs to 40 per cent promotion quota, the same was correctly filled in by other reserve pool teacher whose services had also been confirmed. A perusal of letter No. 1/9297-91/86-87, dated January 5, 1987, written by Smt. Dayawati Khanna, Regional Inspectress of Girls Schools, Lucknow indicates that there were 36 posts of teachers. Out of the said 36 posts 14 posts come within the 40 promotion quota and 22 come within the purview of direct recruitment. Out of the said 36 posts 24 teachers were directly recruited and 10 were filled in by promotion quota, hence the two remaining posts were to be filled in by promotion. It seems that this order was passed in reply to the letter dated 4-12-1986 sent by the Management of the Institution. In view of the said decision, which has been taken by the Regional Inspectress of Girls Schools, there existed no doubt that the post of Hindi Teacher or Lecturer was a promotion post. Admittedly the opposite party no. 3 was a reserve pool teacher and she could be appointed only by way of direct recruitment. In 1987 Education Cases 131 Kumari Nishi Bhargava v. Deputy Director of Education, a Division Bench of this Court held as under "The conclusion that follows from the discussions are as follows : (1) That ad-hoc appointments of teachers could be made under Difficulties Orders not only before constitution of Commission but even after it. In 1987 Education Cases 131 Kumari Nishi Bhargava v. Deputy Director of Education, a Division Bench of this Court held as under "The conclusion that follows from the discussions are as follows : (1) That ad-hoc appointments of teachers could be made under Difficulties Orders not only before constitution of Commission but even after it. (2) Appointment of ad-hoc teachers even after constitution of Commission, except those covered by clause (a) and (b) of sub-section (1) of Section 18, are governed by provisions of the Orders only (3) An appointment under Removal of Difficulties Order could not be converted nor it could be deemed to be an appointment under Section 18 of the Act. (4) The appointment of ad-hoc teachers under Removal of Difficulties Orders did not come to an end after expiry of 30th June following the date of appointment. (5) Termination of ad-hoc appointees under Orders after expiry of six months or because of 30th June following the date of appointment and their re-appointment after some time could not be deemed to be break in service (6) Practice of discontinuing service of ad-hoc appointees because of 30th June is illegal and unwarranted. (7) Appointments made under Removal of Difficulties Orders are neither invalid nor void under Section 16 of the Act. (8) Reserve-pool-teachers who have not been working on the date of enactment of Chapter IV have to be appointed against substantive vacancies to be filled by direct recruitment occurring after the date of enactment. (9) Substantive vacancies existing in the college on which no ad-hoc appointee has been working or is not entitled to be deemed appointed in substantive capacity has also to be filled by reserve-pool teachers till the list of the district is exhausted. (10) No reserve-pool-teacher can be appointed under sub-section (3) of Section 21 -B against 40 per cent reserved for promotees. (11) No reserve-pool-teacher of another district can be appointed except after obtaining permission from Director, which should be granted only if it is necessary or expedient. (12) Any ad-hoc teacher appointed after June, 1985 is not entitled to regularisation. And the vacancy could be filled by reserve-pool teacher." 7. Thus it is clear that opposite party no. 3 could be appointed as a teacher by way of direct recruitment but cannot be promoted under 40 per cent promotion quota. (12) Any ad-hoc teacher appointed after June, 1985 is not entitled to regularisation. And the vacancy could be filled by reserve-pool teacher." 7. Thus it is clear that opposite party no. 3 could be appointed as a teacher by way of direct recruitment but cannot be promoted under 40 per cent promotion quota. The petitioner has clearly averred that she was asked to teach intermediate Hindi classes after the retirement of Mrs. Usha Yajnik in support of her statement she filed 2 certificates issued by the Manager as well as the Principal of the Institution, from which it transpire that with effect from 1969 to 1973 she taught Hindi classes of High School and thereafter from 1974 to 1978 she taught Hindi Classes of High School in the same Institution. THUS, she possessed more than five years experience in L. T. grade In the counter affidavit filed by the Vice President of the Managing Committee it has been admitted that at the relevant time the petitioner was teaching Intermediate classes in Hindi subject by way of local arrangement. Hence, she was fully qualified for her appointment in L. T. grade as a Hindi Teacher under the 40 per cent promotion quota. It was long ago settled that where a substantive right of a person is affected, he is entitled to show cause against the adverse order, which may be passed against him/her. In the instant case by means of the order dated 5-1-1987, the Regional Inspectress of Girls Schools had passed an order to the effect that the post of Hindi Lecturer was to be filled in by promotion but subsequently on 25th August, 1987, the said order was cancelled and the Regional Inspectress of Girls Schools directed that the post be filled in by direct recruitment. The said order was passed without giving any opportunity to the petitioner to show cause against the said order. The said order has been passed in total disregard and in contravention of the Principles of natural justices, fair play and equity and deserves to be quashed. While allowing this writ petition, we can not shut our eyes from the fact that the opposite party no. 3 has been performing her duties as a teacher in the said Institution since August, 1987. While allowing this writ petition, we can not shut our eyes from the fact that the opposite party no. 3 has been performing her duties as a teacher in the said Institution since August, 1987. By now she has attained the age of about 35 years and as such it is the duty of the opposite parties to absorb her in any existing vacancy or in any vacancy which may occur in future. 8. In view of what we have indicated hereinabove, this writ petition is allowed. The impugned order dated 25-8-1987, contained in Annexure-5 to the writ petition, passed by the Regional Inspectress of Girls Schools, VI Region, Lucknow is quashed and the opposite parties are directed to promote the petitioner to the post of Lecturer in Hindi, in accordance with the provisions of Regulation 5, Chapter 2 of the Regulations framed under the U. P. Intermediate Education Act. The opposite parties are further directed to consider the appointment of the petitioner in any existing vacancy or which may occur in future in accordance with law. IN the circumstances of the case there will be no order as to costs.