Vishwanath Mishra, J.

This case has been heard by a Division Bench on a reference made by S. K. Choudhuri, J. on 19.3.1975.

2. This is an application under Articles 226 and 227 of the Constitution of India for issuance of an appropriate writ quashing the appointment of respondent no. 4 as Headmaster of Jag Sah Manilal Sah High School, Kamtaul, district Darbhanga. through an order contained in Annexure 3 to the writ petition and, also for quashing the recommendation made by the adhoc managing committee of the said school for appointment of respondent no. 4 as Headmaster and respondent no. 5 as Assistant Headmaster of the School through Annexure 2 to the writ petition.

3. In the year, 1972 the permanent Headmaster of the school. Shri Sheo Narain Mishra, died whereupon the post of the Headmaster fell vacant. At the relevant time there was an adboc committee of the school consisting of only three members, namely, (1) the president (respondent no. 3), (2) the Secretary (respondent no. 2 and, (3) a member (respondent no. 4). It may be made clear that this respondent no. 4 was on the committee because he was acting as a Headmaster in-charge after the death of the permanent Headmaste