Prakash Padia, J. - (1.) Heard Sri. H.N. Singh, learned Senior Advocate assisted by Sri. Sanjay Kumar Mishra, counsel for the petitioner, learned Standing Counsel has accepted notice on behalf of respondent No. 1, Sri. Pankaj Kumar Tyagi, learned counsel for respondent Nos. 2 and 4, Sri. Prabhakar Awasthi, learned counsel for respondent No. 3 and Sri. Sanjay Kumar Pandey, learned counsel who has put in appearance on behalf of respondent No 5.
(2.) The petitioner has preferred the present writ petition with the prayer to quash the resolution dated 14.11.2018 passed by the Committee of Management of Sri. Vidyanand Junior High School, Jarauil Charkhanni, Mahoba, the order of approval passed by the District Basic Education Officer dated 1.12.2018 and the order of termination dated 3.12.2018 passed by the Manager of the Institution in question (Annexures 9, 10 and 11 to the writ petition).
(3.) Facts in brief as contained in the writ petition are that Sri. Vidyanand Junior High School, Jarauil Tehsil Charkhanni, Mahoba is an educational Institution imparting education from Classes 6 to 8. The Institution in question is a duly recognized Institution. All its teachers and employees are getting their salary in terms of the provisions contained in U.P. Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 and their service conditions are governed under the provisions U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978. That a post of Headmaster of the Junior High School was fallen vacant in the Institution in question. In this regard an order was passed by the District Basic Education Officer, Mahoba on 31.8.2005 granting permission for advertisement for appointment on the aforesaid post. The post of Headmaster had been advertised in the daily newspapers on 16.09.2005. Pursuant to the aforesaid advertisement, various persons including the present petitioner applied for the aforesaid post. A selection committee was duly constituted for the appointment on the post of Headmaster. The selection committee found the petitioner the most suitable candidate. Vide order dated 23.09.2005 the District Basic Educaton Officer, Mahoba granted approval regarding appointment of the petitioner. Subsequently, a letter of appointment was issued to the petitioner on the same date. The petitioner joined the Institution on 27.9.2005 and thereafter started working in the Institution in question. Signatures of the petitioner were also attested by the District Basic Education Officer, Mahoba. Salary bill for the month of September, 2005 was also sanctioned and salary was also released in favour of the petitioner.;