(1.) THE petitioner prays to quash (1) the order dated 6.8.1988 passed by the Basic Shiksha Adhikari, Deoria (Respondent No. 2) disapproving the order of dismissal of Respondent No. 3 Surendra Pandey, the Headmaster of Babu Shobhamani Laghu Madhyamik Vidyalaya Chero Barthi, District Deoria, and (ii) the appellate order dated 2.11.1989 passed by the Director (Basic) Shiksha Parishad, U.P. Allahabad (Respondent No. 1) dismissing the appeal of the petitioner preferred against the order dated 6.8.1988. After having heard learned counsel for the parties in view of the nature of the order which I propose to pass it is not necessary to set forth facts in detail.
(2.) SRI Shashi Nandan the learned counsel of the petitioner, contended that in the peculiar facts and circumstances of the instant case, the appellate authority, who was disposing of the statutory appeal of the petitioner preferred under Rule 12 of the U.P. Recognised Basic Schools (Recruitment) and Condition of Service of Teachers and other Conditions) Rules, 1975 was required to pass a speaking order assigning reasons while dismissing the appeal and in not doing so and in passing an unspeaking order he has committed an illegality which requires correction by this court.
(3.) WHEN I put a question to Mr. Shukla as to whether there is any legal material before this Court to hold that the Manager of the Committee Gorakh Nath Pandey had died, he very fairly states that there is no such material. Accordingly it, the absence of any material it is not possible to hold that this writ petition has abated or abates.