JUDGMENT

Nanavati, J.-The appellant was appointed as a Lecturer on probation for a period of one year from 6th August, 1970 in the college run by Respondent No. 1. In May 1971, the Principal of the college submitted a report to the Management that performance of the appellant was not satisfactory and that he was not fit to be continued in service. The Management at its meeting held on 20th June, 1971, considered that report and passed a resolution for termination of service of the appellant. The college being a recognised institution under the U.P. Intermediate Education Act, 1921, prior approval of the Ditrict Inspector of Schools was necessary for effectively terminating the service of the appellant and therefore, the resolution-cum-proposal of the Management was forwarded to the concerned District Inspector. After considering the same the District Inspector by his order dated 5th July, 1971, accorded approval. Thereupon the Management terminated the petitioner s service on 6th July, 1971. The appellant preferred an appeal to the Deputy Director of Education. By an order dated 15th March, 1972 he allowed the appeal and held the termination invalid on the ground that neither one