- (1.) Both these revisions u/s. 115 read with 151 C.P.C. are directed against the order dated 16.9.92 passed by learned Addl. District Judge, Churu whereby he has affirmed the order passed by learned Munsif and Judicial Magistrate, Churu dt. 20.2.92.
(2.) As both these revisions are directed against the common orders, they are being disposed of by the common order as agreed by the learned counsel for the parties.
(3.) Briefly stated the facts of the case are that the plaintiff-non-petitioner fded a suit for declaration and mandatory injunction on 31.10.91 and also moved on application under O. 39 R. 1 and 2 stating that he is B.A. Shiksha Shastri and applied for the post of IInd Grade teacher but no action was taken by the defendant, he, therefore, prayed that being a head of Antyoday Family he must be given priority and he possesses all the requisite qualification. The defendant-petitioner fded its reply on 13.2.92 stating that in merit the plaintiff was ranking below and, therefore, he could not be called for interview. The defendant-petitioner also stated that the order dt. 17.9.79 issued by the State Government is not applicable for the appointment of teacher. The learned Magistrate ordered to appoint the plaintiff-non-petitioner as grade teacher vide his order dated 20.2.92 till the decision of the suit. The defendant-petitioner filed an appeal against the order dt. 20.2.92 but the same was rejected as time barred. Hence, this revision.;