Ajit Kumar, J. - (1.) Heard learned counsel for the parties.
(2.) By means of this writ petition under Article 226 of Constitution of India, the petitioner is seeking to challenge the order passed by Assistant Director of Education Officer, Kanpur Region Kanpur rejecting the candidature of the petitioner basically on the ground that academic qualification of the petitioner was not as per U.P. Recognized Basic Schools (Junior High Schools) (recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as "1978 Rules") and, therefore, he being not qualified with minimum qualification recognised under the Rules , his appointment could not be approved.
(3.) The facts of the case are that institution, namely, Radha Krishna Madhyamik Vidyalaya, Baisai, Barthana, Itaura is recognized and aided institution under the U.P. Basic Education Act, 1972 made a selection of the petitioner as Assistant Teacher in the institution. The petitioner having completed 10 years of service on the post of Assistant Teacher applied for exemption from training as the exemption was offerred under the Government Order. It appears later on vacancy of Headmaster of the institution fell vacant and the permission was sought by the institution from the District Basic Education Officer to make selection and appointment against the vacancy. The District Basic Education Officer accorded the same and consequently vacancy came to be advertised and the petitioner applied against the said post. the District Basic Education Officer vide order dated 22nd October, 2001, (Annexure 4 to the writ petition) accorded the approval to the selection of the petitioner with rider that if the facts were found to have been concealed or the documents were found to be forged, the approval will cease to exist automatically.;