Satish Chandra, C.J. - (1.) It appears that the post of a clerk in Shri Shanker Ji Intermediate College, Pushpanagar, Azamgarh fell vacant. The Committee of Management of the College advertised the post. The existing class IV employees working in the institution were eligible. The petitioner and respondent No. 3, both of whom were working as existing employees of the institution, applied for the post of the clerk. The Selection Committee was constituted. They went into the various applications. They interviewed the candidates. Ultimately, the petitioner was selected. The Managing Committee approved the selection and sent the papers for approval to the District Inspector of Schools, who after satisfying himself, granted approval to the petitioner's appointment on August 14, 1980. Thereafter, the petitioner was formally appointed in September, 1980.
(2.) It appears that the District Inspector of Schools was transferred and another person came In his place in October, 1980. Respondent No. 3 made a complaint to him whereupon without affording the petitioner an opportunity of hearing or making enquiries from him, the new District Inspector of Schools on March 6, 1981 passed the impugned order directing the Managing Committee to appoint respondent No. 3 on the post after terminating the petitioner's service. He seems to be of the opinion that the post should have been filled in by promotion for which respondent No. 3 was entitled because he was the senior most of the existing employees.
(3.) The petitioner challenges this order on several grounds. According to him, the District Inspector of Schools had no jurisdiction to direct the termination of petitioner's service or to direct the appointment of any other person on the post of the clerk. It was next urged that the petitioner was not given an opportunity of hearing. In the third place, it was urged that the reasons given by the Inspector were erroneous.;