R.H.ZAIDI, J. - (1.) BY means of this writ petition under Article 226 of the Constitution of India, the petitioners, who are three in number challenge the validity of the orders dated 12-5-1981 and 3-6-1981 passed by the respondent Nos. 1 and 2 contained in Annexures 6 and 10 to the writ petition. Ram Jiwan Singh, petitioner No. 1 has died during the pendency of the present writ petition. Counsel for the petitioner No. 1 has filed substitution application, the said substitution application is apparently misconceived and there is no question of substitution of his heirs in the present case inasmuch as right of appointment to and hold the post in dispute was the purely personal right of the deceased petitioner and, therefore, on his death right to sue does not survive to his heirs and legal representatives, the substitution application is therefore, rejected. The rejection of the application of substitution filed on behalf of petitioner No. 1 however, will not affect the maintainability of the writ petition filed by the petitioner Nos. 2 and 3.
(2.) THE facts of the case in brief are, in Har Sahai Jagdamba Inter College, Kanpur five vacancies (three of Assistant Teachers and two of clerks) were advertised. In the advertisement it was specifically mentioned that out of aforesaid five posts three posts of teachers and one post of clerk were reserved for Scheduled Caste candidates, The petitioners who belong to the category of general candidates applied for their appointment on the said posts. On 18-10-1980 selection was held since no candidate belonging Scheduled Caste, except one who was not found to be qualified, turned up, consequently, the Managing Committee of the schools referred the matter to the District Inspector of Schools with a prayer that the committee be permitted to fill up the vacancy by the recruitment of the candidates belonging to the general category. On the application made by the Managing Committee on 18-10*1980 the District Inspector of Schools by his order dated 25-10-1980 permitted the Managing Committee to recruit the candidates belonging to the general category on the aforesaid posts. In pursuance to the order passed by the District Inspector of Schools the petitioners were selected for appointment on 16-11-1980 as Assistant Teachers in the institution and it was on 17-11-1980 that they were appointed on the said posts. It appears that some one raised objection to the appointment of the petitioners on the ground that the posts in question was reserved for Scheduled Caste candidate and the petitioner who belong to the general category had no right to be appointed on the said posts. By his order dated 12-5-1981 the management terminated the services of the petitioner on the ground that the posts in question were reserved for Scheduled Caste candidates.
(3.) AS soon as the petitioner came to know about the order passed by the manager dated 12-5-1981 they approached the District Inspector of Schools. The District Inspector of Schools by his order dated 20-5-1981 permitted the petitioners to continue to hold the said posts.;