Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Satya Prakash Vivekanand Inter College, Musahari District Deoria is an institution recognized by the Board of High School and Intermediate Education Act, 1921(for short, `the 1921 Act') as also by the U.P. High School and Intermediate Colleges (Payment of Salaries & Teachers and Other Employees) Act, 1971 (for short, `the 1971 Act').

3. One B.G. Mishra was a teacher working in the said school in CT grade. As he left the institution, a vacancy arose on 15.10.1985. The Management of the college gave intimation of the said vacancy to District Inspector of Schools on or about 19.10.1986 requesting the said authority to forward the name of an eligible teacher for occupying the vacant post. Pursuant thereto or in furtherance thereof, the name of respondent No.3, Ali Hussain Ansari, was recommended. However, the Management Committee did not find him suitable therefor.

4. Management Committee, ignoring the said recommendations made by the District Inspector of Schools issued advertisement on or about 8.7.2987. Names were called for from the Employment Exchange. From amongst the candidates whose names were sent by the Employment Exchange, the a