- (1.) SUDHIR Narain, J. The petitioner seeks a writ of certiorari quashing the impugned order dated 7th May, 1986 passed by the District Inspector of Schools, Deoria respondent No. 1 (Annexure 4 to the writ petition ).
(2.) THE facts in brief are that Pandit Jawahar Lal Krishak Intermediate College, Mahuabari, Lar Road, Deoria (hereinafter referred to as the 'institu tion') is a recognized institution under the Intermediate Education Act, 1921. One Vindhyachal Singh was working as L. T. grade teacher in the said institution. He retired from the institution sometimes in the year, 1983. A permanent vacancy arose on the retirement of Sri Vindhyachal Singh, in the institution. One Sri Heera Lal was working as C. T. grade teacher. Ha was promoted as L. T. grade teacher in the institution in July, 1984. On his promotion in L. T. grade post a vacancy to the post of C. T. grade teacher fell vacant in the institution. THE Committee of Management proceed to make ad hoc appointment of a teacher in C. T. grade. THE post was adver tised. THE petitioner applied for the post. THE Selection Committee was constituted and the petitioner was interviewed. THE Selection Committee recommended the petitioner's name for appointment as an Assistant Teacher in C. T. grade. THE Management sought approval of the District Inspector of Schools who accorded his approval by his order dated 23-10-1984. In pursuance of the approval granted by the District Inspector of Schools, an appointment letter was issued to the petitioner on 24-10-1984 and he joined the institution on the same day. The District Inspector of Schools by his order dated 10-12-1984 revoked the order granting the approval on 23-10-1984. The petitioner filed writ petition No. 1069 of 1985. The writ petition was allowed and the order of the District Inspector of Schools dated 10-12-1984 was quashed. The matter was directed to be considered again. The District Inspector of Schools by the impugned order dated 7th May, 1986 has disapproved the appointment of the petitioner OQ the ground that there is excess staff in the College. The petitioner has filed the writ petition in this Court and an interim order was passed by this Court on 14-10-1986 staying the operation of the order dated 7th May, 1986. The peti tioner is working as Assistant Teacher since then.
(3.) I have heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The District Inspector of Schools, respondent No. 1 had taken the view that the teachers and staff in the institution are in excess and, therefore, no approval can be granted for the post on which the petitioner has been appointed.;