K.N. Goyal, J. - (1.) There is a controversy between Sri T.S. Bajpai and Sri K.P. Misra who are both Assistant Teachers in National Intermediate College about the right to promotion from C.T. Grade to L.T. Grade in the vacancy caused by the retirement of Sri M.M. Agnihotri. The D.I.O.S. has approved the promotion of Sri K.P. Misra. Aggrieved thereby, Sri Bajpai first preferred a representation or appeal to the Deputy Director (Education). The Deputy Director (Education) gave notice of the hearing of the appeal to Sri Misra. Aggrieved thereby Sri Misra filed Writ Petition No. 729 of 1983 contending that the Deputy Director has no jurisdiction to entertain such appeal or representation. Sri Bajpai has conceded that the Deputy Director had no jurisdiction in the matter and has accordingly withdrawn the said representation and preferred a fresh representation to the Director of Education. This representation purports to have been made Under Sec. 16E(10) of the Intermediate Education Act. The Director is said to have slept over the said representation. Accordingly Sri Bajpai preferred a Writ petition No. 3009 of 1983 praying for a writ in the nature of mandamus directing the Director to decide his representation. This Writ petition is contested by Sri K.N. Misra.
(2.) We have heard learned Counsel for the parties.
(3.) It is common ground that no representation lay to the Deputy Director and as such Sri Bajpai had already withdrawn his earlier representation. Accordingly Writ Petition No. 729 of 1983 has become in fructuous and is liable to be dismissed as such.;