D. D. SINHA, J.

( 1 ) HEARD learned counsel for the petitioner as well as learned counsel for the respondents.

( 2 ) THE learned counsel for the petitioner has stated that the petitioner was employed as Assistant Teacher in Jawahar Urdu high School, Ashti, run by Respondent No. 1- management. The Respondent No. 2 was also appointed in the same School. It is submitted that in the present writ petition, the petitioner has challenged the order of appointment of respondent No. 2 as Head Master on the ground that the petitioner was eligible and entitled to be appointed on the post of Head Master from 1-6-1990 till 7-5-1997 i. e. the date on which he was made to retire as Assistant Teacher.

( 3 ) THE learned counsel for the petitioner contended that the petitioner has acquired qualification i. e. B. Sc. B. Ed. , before he was appointed as Assistant Teacher and therefore, on the date of appointment i. e. on 26-8-1975 the petitioner was B. Sc. B. Ed. On the other hand, the Respondent No. 2 was appointed as Assistant Teacher on 15-7-1973 and at the relevant time he only had B. A. qualification.

( 4 ) THE learned counsel for the petitioner further contended that one Mr. M. M. Queresh