A.N.Varma, J. - (1.) This petition is lirected againsu two orders one passed by the Deputy Director of Education, respondent no. 1 herein, dated 2/3-4-1974 and the other passed by the District Inspector of Schools, Basti, respondent no. 2 dated 13-:-1973.
(2.) The petition was filed on the allegation that the petitioner was appointed as a lecturer in a clear vacancy in English in^e respondent no. 3 College, having been selected for the post in July, 1966. His appointment was duly approved by the District Inspector of Schools by an order dated 10th October, 1966. Ever since then the petitioner had been taking intermediate classes in English in the said college. Since the session 1971-72, however, the work of teaching intermediate classes was taken away from the petitioner and was assigned to Sri Chand Bhan Singh, the respondent no. 4, an Assistant Teacher in the same college in the L. T. grade. On 31st August, 1972, the Managing Committee of the institution passed a resolution whereby it was decided to promote respondent no. 4 to the post of a Lecturer in English and a recommendation to that effect was sent to the District Inspector of Schools. The petitioner submitted a representation to the District Inspector of Schools against this resolution on the assertion that as the petitioner was already working as a lecturer on that post the respondent no. 4 could not legally be promoted. The District Inspector of Schools, however, by his order dated 13th February, 1973 accorded approval to the promotion of respondent no. 4. The petitioner again made a representation to the District Inspector of Schools against the said approval but to no avail. Thereafter, the petitioner filed a. writ petition in this Court challenging the order dated 13th February, 1973 but the same was dismissed on the ground that the petitioner could challenge that order by way of an appeal. The petitioner thereupon, filed an appeal before the Deputy Director of Education which was dismissed by the impugned order.
(3.) On these facts the petitioner filed the present petition, the main ground upon which it is founded being that as the petitioner had already been appointed as a lecturer in English, the respondent no. 4 could not be promoted or appointed to that post.;