SUDHIR AGARWAL,J. - (1.) Heard Sri Arjun Singhal, Advocate, for petitioner and learned Standing Counsel for respondents.
(2.) The sole petitioner, Om Prakash Pathak, during pendency of this writ petition has died and substituted by legal heirs. However, I would refer to the deceased petitioner hereinafter as "petitioner" for the purpose of convenience.
(3.) This writ petition has been filed by petitioner under Article 226 of Constitution of India being aggrieved by order dated 31.07.2004 passed by District Inspector of Schools, Azamgarh (hereinafter referred to as "DIOS") whereby Management of Yashoda Lal Misra Uchchattar Madhyamik Vidyalaya, Baragaon, Azamgarh was directed to appoint Amal Kishore Singh (respondent-3) as a Teacher (L.T.Grade) in Physical Training pursuant to recommendation made by U.P. Secondary Education Services Selection Board, Allahabad (hereinafter referred as "Board") vide letter dated 18.05.2004.;