- (1.) O. P. Jain, J. This second appeal is directed against the judgment dated 5-16-1985 passed by Vlth Addl. District Judge, Basti by which an appeal filed by the present respondents was allowed and the judgment of Trial Court (Vth Addl. Munsif, Basti) dated 5-3-1982 was set aside.
(2.) THE case of the plaintiff-appellant in brief is that Shri Ram Raj Pandey Higher Secondary School was started as a junior High School in 1974 and plaintiff Ram Lautan Verma was its Head-master. In 1977 the Junior High School was recognised as a High School and the plaintiff continued as the Head-Master of the High School upto the filing of the suit. According to plaintiff he has the qualification for the Head- master of High School. However, on 1st July, 1980 the Committee of Management of the institution published an advertisement in a newspaper inviting applications for the post of Head-master. THE plaintiff made a representation to the Deputy Director of Education and the District Inspector of Schools but they did not give any relief to the plaintiff. He therefore filed a suit. It is alleged by the plaintiff in the plaint that the advertisement is illegal because there was no vacancy for the post of Head-master and the Management Committee was also not validly constituted. The suit was contested by D. l. O. S. and Deputy Director on the ground that when a Junior High School is upgraded as a High School, the post of Head-master is filled up by selection made by Selection Committee and there is no automatic promotion from. Head-master of Junior High School to Head- master of High School. It was further stated by the defen dants that after upgradation in 1977 no one has been appointed as Head master and that the plaintiff is continuing as ad hoc Head-master.
(3.) DEFENDANT Nos. 1 and 2 i. e. the institution and the Managing Committee filed a separate written statement in which they took au addi tional objection that on 15-5-1980 the plaintiff submitted his resignation to the Manager and that the resignation was accepted. On these pleadings the trial Court framed five issues but only issue number one is important for our purposes. That issue is to the effect whether plaintiffs is the regular Head-master of Shri Ram Raj Pandey Higher Secondary School.;