RAKESH TIWARI,J. - (1.) HEARD counsel for the parties and perused the record.
(2.) TWO vacancies of class IV were available in Ganna Vikas Intermediate College, Munderwa, District Basti, which is recognized and aided institution. Sri Ram Bhaj Singh and Sri Vishram were appointed on the aforesaid post and were also granted financial approval by the District Inspector of Schools, Basti. However, Sri Ram Bhaj Singh submitted his resignation on 30.9.1986 which was accepted. The college notified the vacancy on the Notice Board as well as local Employment exchange against which the petitioner applied. He was selected and appointed by the Principal of the college vide order dated 27.10.1986. It is stated that the District Inspector of Schools, Basti ,respondent no.1 had also approved the appointment of the petitioner in the vacancy so caused by the resignation of Sri Ram Bhaj Singh. The grievance of the petitioner is that all of a sudden vide order dated 20th July, 1989 his services were terminated by the Principal and on enquiry he was informed that according to the DIOS the vacancy was not advertised in a Newspaper having wide circulation in the area and the appointment was not approved and as such approval to the appointment of the petitioner was withdrawn by the DIOS.
(3.) THE impugned order is being challenged on the ground that there was no requirement under the U.P. Intermediate Education Act and the Regulations framed thereunder to advertise the vacancies of class IV employees in Newspaper at the relevant time and that the DIOS does not have any jurisdiction to recall any approval granted without giving an opportunity of hearing to the petitioner and as such the impugned order of termination passed by respondent no.2 pursuant to the directions of the DIOS is liable to be quashed being illegal.;