Ravi S. Dhavan, J. - (1.) At the Harish Chandra Intermediate College, Varanasi, a confirmed Lecturer in Commerce, one Shashi Kant Singh, took leave. It is on record in the petition that this Lecturer has been on leave for more than four years, without pay, and, in fact, is working as a Principal in an Intermediate College in the district of Azamgarh. This, in itself is a bad situation which needs the attention of the District Inspector of Schools, both at Varanasi and Azamgarh
(2.) Now comes the petitioner to say that the aforesaid Shashi Kant Singh has extended his leave from 1st January, 1993 to 15 July, 1993. These facts, put together, would mean that Shashi Kant Singh has been on leave for five years.
(3.) The petitioner contends that this is a short term vacancy on the basis of which an intimation was sent by the Committee of Management of the, aforesaid, institution on 27 January, 1993 to the District Inspector of Schools, Varanasi and on the next day, a notice was put up at the School inviting applications from suitable and qualified candidates. It is contended that, upon a selection made by the management, the petitioner was appointed on 9 February, 1993 and as the District Inspector of Schools would not accord his approval nor send his refusal on the appointment within seven days, the situation is one of deemed approval on this short term vacancy and the petitioner is entitled to salary from the date of his appointment and for the duration of it.;