R.R.K. Trivedi, J. - (1.) In all the aforesaid three petitions common questions of law and facts are involved and they may be decided conveniently by a common order. Learned counsel for the parties have agreed that all the petitions may be disposed of finally at this stage.
(2.) The writ petition No. 27240 of 1993 shall be treated as leading petition.
(3.) The facts giving rise to the aforesaid petitions are that post of P. T Teacher fell vacant in the institution known as National Inter College, Pindara, District, Varanasi. The vacancy had arisen on account of retirement of permanent P. T. Teacher Sri Maidhan Ram Yadav on 30th June, 1990. The Management of the College, Respondent No. 4, after intimating the vacancy to the authorities proceeded to fill up the same on adhoc bads by direct recruitment. The post was advertised and applications were invited. It is claimed that Selection Committee recommended the name of Rama Kant Singh for appointment and accepting the recommendation of the Selection Committee, Management by its resolution dated 25-11-1990 appointed Rama Kant Singh as P. T. Teacher. The appointment letter was issued on 26-11-1990 and in pursuance of which Rama Kant Singh joined duties on 27-11-1990. However, as the salary was not paid, petitioner Rama Kant Singh filed writ petition No 526 of 1991 for a direction to the authorities to pay salary to him as P. T. Teacher, Dilip Kumar Singh, petitioner in writ petition No 21939 of 1991 disputed*The appointment 0of Rama Kant Singh and prayed for a direction from this Court restraining the District Inspector of Schools and the Management from appointing him on the post of P. T. Teacher. The appointment was challenged on the ground that Rama Kant Singh is not eligible for the post. This petition was disposed of finally by this Court on 20-7-1991 directing the petitioner. Dilip Kumar Singh to make a representation before District Inspector of Schools, which was directed to be decided by a speaking order within two months. It was also directed that till the representation is decided, the District Inspector of Schools shall not grant approval to appointment of Rama Kant Singh. However, aforesaid order dated 20-7-1991 was recalled by order dated 8-9-1992 on the application of Rama Kant Singh and this petition was directed to be listed before appropriate bench alongwith writ petition No 526 of 1991. It appears that by order dated 27-2-1993 passed by Respondent No. 3, Account Officer, payment of salary to Rama Kant Singh was stopped Similar order was passed by District Inspector of Schools on 1st March, 1993. The aforesaid two orders were challenged in writ petition which was disposed of finally on 24-5-1993 with the direction to the District Inspector of Schools, Varanasi, to provide an opportunity of hearing to petitioner, Rama Kant Singh and to pass a speaking order giving reasons in support of the orders mentioned above Thereafter, the District Inspector of Schools, after obtaining guidance from higher authorities passed an order on 20-7-1993 withdrawing the order dated 24-11-1992 with regards to the approval of the appointment of Rama Kant Singh on the ground that he is not eligible for the post of P. T Teacher. It was stated in the order that as with effect from 28-2-1990 the qualification for the pod of P T. Teacher has become graduate in view of the Government order dated 28-2-1990 and the appointment of Rama Kant Singh, who is only intermediate, has been made after that date, i.e. on - 26-11-1990, hence, the appointment is illegal and he is not eligible for the post. The impugned order dated 20-7-1993 has been challenged in the leading petition.;