RAKESH TIWARI,J. - (1.) HEARD counsel for the petitioner and the standing counsel.
(2.) UCHCHTAR Madhyamik Vidyalaya, Marhi, Jaunpur (hereinafter referred to as the institution) is a recognized and aided institution and receives grant in aid from the State. Provisions of U.P. Intermediate Education Act, 1971 are applicable to it. Sri Fauzdar Singh, an assistant teacher in the institution was sanctioned medical leave with effect from 1.9.1998 to 30.6.1999. Thus, a short term vacancy arose and was advertised on 6.9.1998 in daily newspaper "Aaj" and on the same day in another newspaper "Tarun Mitra". The petitioner claims that being qualified he applied for the post and was selected by the selection committee on the basis of quality point marks and interview which took place on 21.9.1998. Accordingly, papers regarding selection of the petitioner in the leave vacancy of Sri Fauzdar Singh were transmitted to the DIOS, Jaunpur alongwith resolution dated 4.10.1998 of the committee of management.
(3.) IT is stated that the petitioner joined as Assistant Teacher in L.T. Grade pursuant to the appointment letter dated 5.10.1998 issued by the committee of management of the institution and that his appointment was also approved by the DIOS vide letter dated 1.12.1998.;