S. B. Sinha, J. - (1.) Leave granted.
(2.) Respondent No.1 was appointed as a Headmaster in a recognised school. Recruitment to the post of Headmaster concededly is governed by the statutory rules framed under Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Services of Teachers) Rules, 1978. Rule 6 of the said Rules reads: "6. Disqualification.- (1) No person who is related to any member of the Management shall be appointed as Headmaster or Assistant Teacher of a recognised school. (2) For the purposes of this rule, a person shall be deemed to be related if he is related to such member in any one of the following ways, namely- (i) Father or mother; (ii) Grandfather, Grandmother; (iii) Father-in-law, mother-in-law; (iv) Uncle, aunt, maternal uncle, maternal aunt; (v) Son, daughter, son-in-law, daughter-in-law; (vi) Brother, sister; (vii) Grandson, grand-daughter; (viii) Husband, wife; (ix) Nephew, niece; (x) Cousin; (xi) Wifes brother, or wifes sister, wifes brothers wife, sisters husband; (xii) Brothers or cousins wife.
(3.) The post of Headmaster inter alia fell vacant in Janta Adarsh Madhyamic Vidyalaya, Newada Khurd, Kalan, Etawa. An advertisement therefor was issued by the manager of the said school. In purported response to the said advertisement the respondent No.1 filed an application before the manager of the school praying for his appointment. The manager by a letter dated 18.8.1998 asked for approval thereof from the District Education Officer, Itawah.;