Hon’ble Shishir Kumar,J.—Heard learned counsel for the parties.2. The relief sought in the present writ petition is for quashing the order impugned i.e. advertisement dated 20-26.12.1995 (Annexure-6 to the writ petition) as it relates to the post of Principal of Sri Jawahar Lal Nehru Inter College, Garhi Pakki, Muzaffarnagar. Further, a writ in the nature of mandamus commanding the respondents to treat the petitioner to be appointed on substantive post of Principal of the institution w.e.f. 06.04.1991 in accordance with provisions of Section 33-A (1-A) of U.P. Act No. 5 of 1982. From the record, it borne out that the petitioner was appointed as Lecturer in 1973 on substantive basis. One Ishwar Chand Sharma, who was working as permanent Principal in the institution, retired from service on 30.06.1990 causing a permanent vacancy on the post of Principal in the institution. In pursuance of the direction issued by the Secretary of the Committee of Management, petitioner was given the charge of the Principal on 24.06.1990. The respondent No. 2 has also attested the signature of the petitioner as adhoc Principal of the institution on 08.07.1990. The petitioner being senior most Lecturer in the institution, a resolution was passed by the Committee of Management recommending the name of the petitioner for the post of Principal on adhoc basis and an order to that effect has been passed. The petitioner continued to work on the said post and the necessary approval was also granted by the District Inspector of Schools. According to petitioner, in view of the provisions of U.P. Act No. 5 of 1982 as amended by Act No. 26 of 1991 with insertion of Section 33-A, the petitioner is entitled to be regularized on the said post, but an advertisement was made in the year 1995 for making an appointment on the post on which the petitioner was working on adhoc basis. Then, the petitioner filed a writ petition before this Court and by order dated 08.05.1996, this Court passed an order restraining the respondents from interfering with the functioning of the petitioner by making appointment of any other person recruited by U.P. Secondary Education Services Commission. According to petitioner, he is still working on the said post and the selected candidate by the Commission has already been accommodated elsewhere, therefore, in view of Section 33-A (1-A) of the Act, petitioner is entitled to be considered for regularization.3. According to petitioner, he is still working on the said post and the selected candidate by the Commission has already been accommodated elsewhere, therefore, in view of Section 33-A (1-A) of the Act, petitioner is entitled to be considered for regularization.3. On the other hand, Sri A.K. Yadav, learned counsel appearing for the Commission has submitted before the Court that as regards the consideration of the petitioner under the aforesaid provision the Joint Director of Education is the competent authority to take into consideration regarding the cut off date as well as date of appointment and attestation of signature of the petitioner on the post of adhoc Principal on the basis of relevant record, therefore, instead of adjudicating the claim of the petitioner on merits by this Court it will be appropriate that the matter may be re-delegated to the Joint Director of Education to consider the claim of the petitioner strictly in accordance with law.4. I have considered the submissions of the parties and perused the record. From the record, it appears that the petitioner is working as Principal of the institution after the regular Principal one Ishwar Chand Sharma has retired on 30.06.1990. The Committee of Management has also taken a decision to that effect and the signatures to that effect has also been attested by the District Inspector of Schools, but as regards the consideration of the claim of the petitioner whether he is entitled for regularization under the provisions of the Act No. 5 of 1982, it can only be considered by the competent authority on the basis of relevant record, therefore, this submission of Sri Yadav has got force regarding re-delegating the matter to the Joint Director of Education.5. In such circumstances, this writ petition is disposed of finally directing the Joint Director of Education to decide the issue regarding consideration of the claim of the petitioner for regularization on the post of regular Principal on the basis of relevant record, after considering the provisions for the purposes of regularization by a speaking and reasoned order within a period of three months from the date of production of certified copy of the order.6. No order as to costs._____________