Vineet Saran, J. - (1.) Respondent No. 3 Kamal Singh was appointed as assistant teacher in Subhash Memorial Junior High School, Jahangirabad, District Bulandshahr on 5.7.1990 after approval had been accorded on 22.5.1990 for such appointment by the District Basic Shiksha Adhikari, Bulandshahr, respondent No. 2. Subsequently on a complaint having been made before the District Basic Shiksha Adhikari that Kamal Singh, respondent No. 3, did not possess the requisite qualification as the Shiksha Shastri degree obtained from Varanasi Sanskrit University was not duly recognised, the matter of grant of approval was re-considered by the District Basic Shiksha Adhikari and by its order dated 25/30.5.1994, the District Basic Shiksha Adhikari cancelled his earlier approval accorded in favour of respondent No. 3. The respondent No. 3 thereafter challenged the said order by filing a writ petition which was dismissed. Special Appeal No. 864 of 1995 filed against the judgment passed in the writ petition was also dismissed. A special leave petition was thereafter filed before the Apex Court. Since in the meantime the respondent No. 3 had in 1994 obtained a B.Ed, degree from Chaudhary Charan Singh University, Meerut, the Apex Court, on 10.11.1995, while dismissing the special leave petition as withdrawn, had granted permission to the respondent No. 3 to move the appropriate authority for consideration of his case in the light of the qualification which he had acquired subsequently. The respondent No. 3 thus approached the District Basic Shiksha Adhikari by way of filing a representation on 17.1.1996 which had been decided by the District Basic Shiksha Adhikari, Bulandshahr, respondent No. 2, by his order dated 22/27.6.1996 and after considering the entire facts and circumstances of the case, a direction was issued to the Committee of Management of the institution to permit the respondent No. 3 to join as assistant teacher. Aggrieved by the said order the Committee of Management of Subhash Memorial Junior High School, Jahangirabad, Bulandshahr has filed this writ petition.
(2.) When the petitioner-Committee of Management did not permit the respondent No. 3 to join duties as assistant teacher, the District Basic Shiksha Adhikari again on 30.7.1996 directed the Manager of the institution to allow the respondent No. 3 to join duties. On the request of the petitioner-Committee of Management asking the District Basic Shiksha Adhikari to re-consider his order, the District Basic Shiksha Adhikari again on 26.8.1996 directed the Manager of the college to take the signature of the respondent on the college register and inform his office. The petitioner has thus challenged the subsequent orders dated 30.7.1996 and 26.8.1996 also in this writ petition.
(3.) I have heard Sri A. K. Sinha, learned counsel for the petitioner as well as Sri B. Dayal, learned counsel assisted by Sri NeeraJ Agrawal, appearing on behalf of the contesting respondent No. 3 Kamal Singh.;