Sudhir Narain, J. - (1.) These two petitioners involve common question of law and fact and are being disposed of together.
(2.) The facts in brief are that Girdhar Prasad Saxena was Lecturer in English in Shri Mahaveer Digamber Jain Inter College, Sirsaganj, Mainpuri (hereinafter referred to as the Institution). He submitted his resignation to the Committee of Management on 22.2.1977 which was accepted by the Committee of Management of the Institution and acceptance was communicated by the Management of the Institution by its letter dated of 1977 in the Court on Munsif Shikohabad disputing the validity and authenticity of the resignation letter tendered by him. The suit was dismissed by the trial Court on 15,12,1979 He filed Civil Appeal No. 88 of 1080 against the judgment of the trial Court. In the appeal, however, the Court did not grant any interim injunction order. The Committee of Management resolved to fill up the vacancy. On 12.1.1980 it appointed Narendra Pratap Singh, respondent No. 2 as Lecturer for six months, The District Inspector of Schools, Mainpuri by his order dated 30th March, 1980 approved has appointment for the period 15.1.1980 to 25.5.1980. By this order it was further provided that in case the said vacancy was necessary to be filed up for any period beyond 20.5.1980 then the same shall be filled up after syndicating selection proceedings in accordance with the provisions of U.P. Intermediate Education Act and the Regulation framed thereunder.
(3.) The Selection Committee took a decision to fill up the post the Lecturer by making selection as directed by the District Inspector of Schools by his order dated 30th March, 1980. In advertised the post. One application was submitted by Sri Subhash Chandra and another by Sri Narendra Pratap Singh, respondent No. 2. The selection was fixed for 10.6.1980. However, the selection could not be held on that' date as the expert was not available. It was adjourned and ultimately the selection took place on 27.6.1980. The Selection Committee recommended the name of respondent No. 2 for appointment. In pursuance of the aforesaid recommendation of the Selection Committee a resolution was passed by the Committee of Management on 3.7,1980 for appointing respondent No. 2 on temporary basis subject to .the decision of the Court. The Manager issued appointment letter on 4.7,1980 in pursuance of the aforesaid resolution indicating that the appointment of the petitioner was temporary. The Committee of Management forwarded he papers to the District Inspector of Schools for according approval. The District Inspector of Schools vide his order dated 23.3.1980 approved the appointment of respondent No. 2 on temporary basis till the decision of the Court.;