K.N.Singh, J. - (1.) Those two writ petitions arise out of the same matter and, as such, we consider it proper to dispose them of by a common judgment.
(2.) Sri Sita Ram Inter College, Sirsi, district Basti is a recognised and aided institution. In the year 1973 an advertisement was issued for appointment of a lecturer in Economics in the College. Hari Krishna Chatruvedi along with Ram Keshaw Rai (petitioner of Writ No. 20 of 1975) and many others applied for the said post. The Selection Committee, constituted under the provisions of the Intermediate Education Act, 1921, recommended Ram Keshav Rat for appointment to the post of lecturer. The names of Hari Krishna Chaturvedi and one other person was included in the waiting list. The management committee forwarded all the relevant papers to the District Inspector of Schools, Basti, on 9th August, 1973, for obtaining his approval. The district Inspector of Schools did not pass any order within the prescribed period of two weeks from the date of the receipt of the relevant papers. On 27th August, 1973, the District Inspector of Schools passed an order disapproving the selection of Ram Keshav Rai and further directing the management to appoint Hari Krishna Chuturvedi as lecturer in the College. The management thereupon issued an appointment letter to Hari Krishna Chaturvedi, but it lodged a protest with the District Inspector of Schools against his order dated 27-8-1973. Ram Keshav Rai made a representation to the Deputy Director of Education, Gorakhpur against the order of the District Inspector of Schools. The Deputy Director of Education, Gorakhpur, by his order dated 9-7-1974 set aside the order of the District Inspector of Schools dated 27-8-73 and also the selection made by the Selection Committee for the appointment of Hari Krishna Chaturvedi to the post of lecturer. Hari Krishna Chaturvedi thereupon filed Writ Petition No 5834 of 1974 challenging the validity of the order of the Deputy D rector of Education dated 9-7-1974 as well as the order of the District Inspector of Schools dated 13-9-1974 communicating the order of the Deputy Director of Education to the Manager of the College Ram Keshav Rai filed Writ Petition No. 20 of 1974 challenging the order of the District Inspector of Schools dated 27-8-1973 on a number of grounds.
(3.) Learned counsel appearing for Hari Krishna Chaturvedi urged that the Deputy Director of Education had no jurisdiction to entertain any representation on behalf of Ram Keshav Rai or to pass any order setting aside the order of the District Inspector of Schools dated 27-8-1973. We find force in this contention.;