1. This application by Kapildeo Narain Singh under Articles 226 and 227 of the Constitution of India is directed against the order dated the 9th March, 1973 (Annexure-4) to the Writ application passed by the District Superintendent of Education, Gaya, respondent No. 2, whereby according to the petitioner he was demoted from the post of the Head Master to the post of the assistant teacher of Middle School, Bandhua, P.S. Mufassil in the District of Gaya. The petitioner has therefore prayed for quashing the said order contained in Annexure 4 and for a direction that the petitioner be deemed to have been working as Head Master in the said school against a permanent vacancy and for further direction to respondents 1 and 2 to settle the pay and allowance of the petitioner, as Head Master of the School.

2. In order to appreciate the point involved in this application it will be necessary to state briefly the facts as stated by the petitioner in his application and as stated on behalf of respondent No. 1 in the counter-affidavit. The petitioner has stated in his application that he passed the Intermediate Examination from the Bihar University in the year 1960. Subsequently he took