Judgment

AHMADI, J.:- This appeal by special leave is directed against the judgment and order of the Allahabad High Court dated August 17,1983, in Civil Misc. Writ No. 1251 of 1976.The brief facts leading to the filing of the said Writ Petition before the High Court are as under:

The appellant herein was respondent No. 5 in the Writ Petition before the High Court and the present respondent No. 5 was the original petitioner. He was appointed as a teacher in the C.T. Grade on July 12, 1971, in the Moti Lal Nehru Samarak Inter College, Azamgarh, which was then a high school. This institution was raised to the level of an Intermediate College sometime in July, 1974. Thereafter on February 9, 1975, a Selection Committee drew up a panel of three persons for appointment as a Lecturer in Hindi in the said Intermediate College. The appellant was one of the three persons constituting the panel. The respondent No. 5 herein was not in the picture, The District Inspector of Schools was informed about the selection on April 12, 1975. However, on May 1, 1975, the District Inspector replied that there was no question of according approval since no post was created for the appointment of a Lecturer i