Om Prakash, J. - (1.) Claiming a writ of certiorari this petition has been filed by the Petitioner for quashing the Order dated 12.10.1979 (Annexure -8 to the writ petition) passed by the District Inspector of Schools, Bareilly (for short, the DIOS). The Petitioner also prays for a writ of mandamus directing the Respondents not to interfere in his working as a teacher in L.T. Grade.
(2.) The Petitioner was promoted to C.T. grade from J.T.C. gated in the year 1965 with effect from 08.07.1964 in Gulab Rai Inter College, Bareilly. He is double M.A. in Hindi and Sanskrit. On account of the death of a teacher, namely, Sri Raendra Kumar Sharma, a vacancy occurred in the aforesaid college in L.T. grade and the Petitioner was promoted in that vacancy to the L.T. grade by the Committee of Management, which passed a resolution on 20th May 1979. The resolution was then sent to the DIOS, for being approved. The DIOS accorded his approval on 19th June 1979.
(3.) Respondent No. 4 who is M.A. in Economics, made a representation on 24.05.1979 to the Manager of the College through the Principal against the resolution being passed by the Committee of Management for the promotion of the Petitioner. The case of the Petitioner is that despite the representation dated 24.05.1979, the DIOS accorded his approval on 19th June 1979, but his successor considering the second representation dated 6th July 1979 (Annexure -4 to the petition) of the Respondent No. 4 passed the impugned Order date 12.10.1979 (Annexure -8 to the petition) that the resolution dated 20.05.1979 of the Committee of Mai agreement recommending the promotion of the Petitioner in L.T. grade was inoperative and illegal. By his Order dated 12.10.1979, the DIOS, declared the Respondent No. 4 as having been promoted to the L.T. grade from the beginning of the session 1979 -80 in the vacancy of Sri Rajendra Kumar Sharma.;