Yashoda Nandan, J. - (1.) By means of this petition, the petitioner Hira Lal Gaur, who was employed at the relevant time as Lecturer in History at the Maharajganj Higher Secondary School, Maharajganj, Azamgarh (hereinafter referred to as the School) prays for a writ of certioari, order or direction in the nature of certiorari to quash an order of the District Inspector of Schools addressed to the Manager of the School drawing his attention to a letter of the Deputy Director of Education of the Region concerned dated 7th December, 1979 dealing with the subject of reinstatement of Respondent no. 7 Mahesh Das to the post of Lecturer in History and payment of salary to him for the period during which he was on leave. This letter further contains a statement to the effect that the petitioner's appointment had been approved by the District Inspector of Schools on a purely temporary basis whose services could be terminated without notice at any time. The petitioner also prays for quashing of the notice dated 21st January, 1980 served on him under the signature of the Manager of the School intimating to him that he had been appointed on a purely temporary basis and since his services were no longer required the same shall stand terminated with effect from 22nd January, 1980.
(2.) The petitioner prays for the above-mentioned reliefs on the allegations that he hid been appointed as a Lecturer in History on the 20th August, 1976 and had been working as such till the service on him of the impugned notice under the signature of Manager of the School. It is stated in the petition that one Rajendra Prasad Singh, who was a permanent Lecturer in History at the School, resigned. Though subsequently he withdrew his letter of resignation, the Receiver appointed by this Cour at the relevant time and functioning as the Committee of Management declined to accept the withdrawal of the resignation and treated Rajendra Prasad Singh's service as having come to an end. This led to litigation between Rajendra Prasad Singh and the School, according to the petitioner which was still pending in this Court in appeal. According to the petitioner since the post held by Rajendra Prisad Singh was vacant, Respondent no. 7 Mahesh Das. a permanent teacher in the L. T. grade was temporarily promoted to the post of Lecturer in History but since Mahesh Das was sentenced to life imprisonment in a murder case he remained unconfirmed on that post. It is stated that the post once occupied by Rajendra Prasad Singh and Muherh Das remained unfilled hence a fresh post of Lecturer in History was created by the Director of Education on the 23rd June, 1976. The petitioner claims that the Receiver after all the formalities had been gone through appointed him as Lecturer in History on the 20th August, lv76 and he was subsequently confirmed. The order terminating the petitioner's services by the impugned notice has been challenged by him on various grounds which shall be dealt with by us later.
(3.) The petition has been contested by means of counter-affidavits filed on behalf of the District Inspector of Schools, the Committee of Management as well as by Mahesh Das. In response to the counter-affidavit1, the petitioner has filed rejoinder-affidavits, and reference to the allegations contained in the affidavits shall be made as and when necessary.;