K.C.Agrawal, J. - (1.) Harish Chandra Misra, the petitioner has sought quashing of the order of the District Inspector of Schools, Jaunpur dated 22-8-1980, By this order the District Inspector of Schools, Jaunpur, accorded approval or sanction to the appointment of Srinath Dubey, respondent no. 3 as Lecturer in Sanskrit in Uchchatar Madhyamik Vidyalaya, Machhalishhar, District Jaunpur. The grievance of the petitioner is that on the date on which the vacancy occurred the said respondent no. 3 was not qualified and, as such his name could not be sent by the management for appointment as against the said vacancy.
(2.) The respondent no. 3 has filed a counter affidavit and admitted that on the date of occurrence of the vacancy he was not eligible or qualified but he was however, supported the order of the District Inspector of Schools, Jaunpur, impugned by means of this writ petition on the ground that he had since acquired the requisite qualification, he was qualified on the date when the order was passed by the District Inspector of Schools, Jaunpur.
(3.) The question, thus, arises for decision is whether respondent no. 3 on the admitted position that he did not possess the requisite qualification on the date when the vacancy occurred, could be appointed as Lecturer. In that connection the point to be considered would be heater subsequent acquisition of the qualification fulfilled the lacunae or defect which the respondent no. 3 had on the date of occurrence of the vacancy.;