YASHWANT VARMA,J. - (1.) Supplementary Affidavit filed today is taken on record.
(2.) Heard Sri Rahul Jain, learned counsel for the petitioner and the learned Standing Counsel.
(3.) This writ petition assails the validity of an order dated 28 February 1987 passed by the District Inspector of Schools, Gorakhpur in terms of which the absorption of the petitioner No. 2 as a reserve pool teacher in terms of the provisions of Section 21B of the U.P. Secondary Education (Services Selection Board) Act, 1982, has come to be set aside. The District Inspector of Schools while passing the order impugned has rested his decision on the following two grounds. According to him, the petitioner came to be absorbed against a vacancy which had came into existence on 30 July 1979 consequent to the submission of resignation by one Gulam Farid. He notes that full particulars in respect of this issue of resignation had not been disclosed to his office. The second objection taken is that since the post had fallen vacant on 30 July 1979 and no steps had been taken by the management to advertise the vacancy within a period of three months from the date of occurrence, the post itself would be treated as lapsed in terms of the provisions of Regulation 20 falling in Chapter II of the Regulations framed under the Intermediate Education Act, 1921.;