Arun Tandon, J. – Petitioners before this Court seek a writ of mandamus directing the respondent to ensure payment of salary to them as L. T. Grade Teacher's of Sardar Patel Intermediate College, Deo Nagar, Mathura. 2. Facts in short leading to the present petition are as follows : Sardar Patel Inter College, Deo Nagar, Mathura is an institution imparting education up to High School classes duly recognised by the Madhyamik Shiksha Parishad. U. P., Allahabad. The institution was on grant in aid list, so far as the Arts faculty is concerned. The institution made an application for recognition in the Science stream also. The Additional Secretary, Madhyamik Shiksha Parishad, Meerut vide letter dated 9.6.1990 communicated the decision of the Board to grant recognition to the institution in Science stream under Section 7A ( a) of the Intermediate Education Act, 1921 ( herein after referred to as the Act, 1921). Copy of the letter granting the recognition is enclosed as Annexure-CA-1 to the counter-affidavit filed on behalf of the State authorities. 3. It is not in dispute that in view of the recognition having been granted for Science stream under Section 7A ( a) of the Act, 1921 it was obligatory upon the Committee of Management to make provision for meeting the entire expenditure in respect of running of the said Science stream from its own resources. The recognition letter itself contemplate such a condition ( Ref. Clause 6). 4. It may be noticed that Section 7A read with Section 7AA, sub-clauses ( i) and ( ii), contemplates appointment of part-time teachers/part-time instructors only in respect of subjects, recognition whereof is granted under Section 7A. Further, such teachers are to be appointed by the management of the institution and paid from its own resources. 5. It is, therefore, clear that if an institution is granted recognition under Section 7A of the Act, 1921. a corresponding obligation is cast upon it to make appointment of part-time teachers/part-time instructors and to pay them from its own resources. For the purpose, under sub-section ( 2) of Section 7AA, the management of the institution is required to furnish security in cash or by way of bank guarantee in favour of Inspector of the amount to be specified by the State Government from time to time. For the purpose, under sub-section ( 2) of Section 7AA, the management of the institution is required to furnish security in cash or by way of bank guarantee in favour of Inspector of the amount to be specified by the State Government from time to time. What logically follows is that so long as the institution continues to have recognition under Section 7A, neither any post of teacher on substantive basis is required to be created under the U. P. Act No. 24 of 1971 nor the institution can ask for such creation of post. 6. The petitioner before this Court however, submits that under order of the Director dated 31.3.1990, three post of L. T. grade teacher for Science subjects were created. These posts were requisitioned. Since, the Selection Board failed to recommend any suitable candidate, the vacancies were advertised and the petitioners were selected for appointment on ad hoc basis. The petitioners with these allegations have come up with a prayer that a mandamus be issued commanding the respondents to sanction payment of salary to the petitioners. 7. It is admitted on record that no interim order was granted in favour of the petitioners in this petition which is pending since 1992. 8. In the counter-affidavit filed on behalf of the State respondents it has specifically been stated that in view of the recognition granted under Section 7A, no post of teacher could have been created for the institution under U.P. Act No. 24 of 1971. Apparently the order of the Director creating such post appears to be based on complete ignorance of the nature of recognition granted to the institution in Science stream. It has, therefore, been stated that alleged creation of post by the Director is of no legal consequence and the State is not bound to make payment of salary to the petitioners with reference to such letter of the Director which runs contrary to the statutory provisions of Section 7A read with Section 7AA of the Act, 1921. 9. Shri Vinod Kumar Singh, counsel for the petitioner submitted before this Court that once the posts have been created under an order of the Director and the petitioners have been appointed on ad hoc basis, they become entitled to payment of salary and the State cannot turn around and say that the creation of posts is illegal. 9. Shri Vinod Kumar Singh, counsel for the petitioner submitted before this Court that once the posts have been created under an order of the Director and the petitioners have been appointed on ad hoc basis, they become entitled to payment of salary and the State cannot turn around and say that the creation of posts is illegal. However, he could not add much to the nature of recognition granted to the institution for the Science stream. 10. Standing counsel on the contrary, with reference to the stand taken in the counter-affidavit submits that the petitioners are not entitled to any relief. 11. I have heard learned counsel for the parties and have gone through the records of the present writ petition. 12. The letter of the recognition ( Annexure-CA-1) specifically records that Recognition Committee of the Board has decided to grant recognition in the subjects mentioned as per the Intermediate Amendment Act of 1987 under Section 7A ( a). Clause 6 of this letter specifically contemplates that for running of the classes, in the newly recognised subjects, it shall be the responsibility of the management to provide necessary resources. In view of the aforesaid, there is no doubt that the institution in question was granted recognition under Section 7A ( a) in the year 1990 for Science stream. 13. Under Section 7AA, it is obligatory upon such an institution to provide part-time teacher/part-time instructors from its own resources. The institution cannot ask for any creation of post under the U. P. Act No. 24 of 1971. This is the basic distinction between a recognition under Section 7 ( 4) and a recognition under Section 7A of the Act, 1921. 14. In view of the aforesaid, this Court has no hesitation to record that the stand taken in the counter-affidavit to the effect that the order of the Director dated 31.3.1991 creating three posts of L. T. grade teacher in the institution in Science stream was based on complete ignorance of the fact that the institution in question had the recognition under Section 7A of the Act, 1921 is correct. No post of teacher under the U. P. Act No. 24 of 1971 was required to be created in the Science stream for the institution. 15. No post of teacher under the U. P. Act No. 24 of 1971 was required to be created in the Science stream for the institution. 15. In absence of any posts being available under law the requisition of the same as well as the ad hoc appointment offered, with reference thereto is rendered a nullity. The State cannot injuncted to make payment of salary to the persons appointed against such legally non-existent post. Accordingly, no relief can be granted to the petitioners. 16. Writ petition is dismissed. 17. Interim order, if any, stands discharged.