RAKESH TIWARI,J. - (1.) HEARD learned counsel for the parties and perused the record.
(2.) PURSUANT to the advertisement published on the Notice Board of Sri Gandhi Smarak Intermediate College, Hata District Deoria the petitioner applied for the post of Assistant Teacher in C.T. Grade. After selection he was appointed on the post of Assistant Teacher in C.T.grade in the said institution. He was issued letter of appointment in accordance with the resolution of the Committee of Management. He joined the institution on 5.10.1981 as Assistant Teacher in C.T. Grade. The contention of the learned counsel for the petitioner is that there were three vacancies at the relevant time in C.T. Grade which were caused due to promotions of Gangeshwar Pandey, Sri Surendra Tewari and Sri Mathura Mani from C.T. grade to lecturer grade and that the petitioner had been appointed in the vacancy of promotion of Sri Gangeshwar Pandey from C.T. grade to lecturer grade. It is stated that papers regarding promotion of the petitioner along with the resolution of the Committee of Management were sent for approval to the DIOS, Deoria, who did not pass any order either approving or disapproving the appointment of the petitioner.
(3.) IT appears from the impugned order dated 1st September, 1982 of the DIOS, Deoria that proposal of the Manager of the Institution for appointment of the petitioner vide his letter dated 13.8.82 to the DIOS, was rejected on the ground that the appointment of the petitioner was not against a vacant post.;