JUDGMENT:

S.B. Sinha, J.

1. Leave granted.

2. Respondent No.1 was appointed as a Headmaster in a recognised school. Recruitment to the post of Headmaster concededly is governed by the statutory rules framed under Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Services of Teachers) Rules, 1978. Rule 6 of the said Rules reads:

6. Disqualification.- (1) No person who is related to any member of the Management shall be appointed as Headmaster or Assistant Teacher of a recognised school.

(2) For the purposes of this rule, a person shall be deemed to be related if he is related to such member in any one of the following ways, namely-

(i) Father or mother;

(ii) Grandfather, Grandmother;

(iii) Father-in-law, mother-in-law;

(iv) Uncle, aunt, maternal uncle, maternal aunt;

(v) Son, daughter, son-in-law, daughter-in-law;

(vi) Brother, sister;

(vii) Grandson, grand-daughter;

(viii) Husband, wife;

(ix) Nephew, niece;

(x) Cousin;

(xi) Wife's brother, or wife's sister, wife's brother's wife, sister's husband;

(xii) Brother's or cousin's wife.

3. The post of Headmaster inter alia fell vacant in Jan