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 Headmaster. When the vacancies of Headmaster and Assistant Headmaster occurred the ad-hoc managing committee took a decision towards the end of 1973 to fill up the posts by promotion from amongst the teachers of the school. The matter was actually considered by the ad-hoc managing committee on 27.1.1974 wherein the committee decided to recommend respondent no. 4 for the post of Headmaster and respondent no. 5 for the post of Assistant Headmaster, as shown by Annexure 2 to the writ petition. The competent authority namely the District Education Officer. Darbhanga, approved of the appointment of respondent no. 4 as a Headmaster by promotion on 5.3.1974 through Annexure 3 to the writ petition.

4. The petitioner in this writ petition has challenged the aforesaid recommendation and appointment because he considers himself senior to both respondents nos. 4 and 5. The petitioner apart from being a graduate, was trained in physical education. He was, therefore, appointed in the school on 11.7.1969 on the scale available to a trained graduate. Thereafter, he obtained his M. A. degree in the year. 1964 and in 1965 he was given the scale of M. A. trained teacher. The petitioner also passed the Diploma in Education examination in the year, 1969. As would appear from his petition and reply to counter affidavit, he has been all through teaching various subjects including English, Hindi and Economics in different classes apart from imparting physical training to the students. He was also a class teacher of Class XB for 12 years.

5. In order to show the superiority of his claim the petitioner has also given the qualifications and experience of respondent nos. 4 and 5.

Respondent no, 4 was appointed as an Assistant Teacher in the school on 5.8.1957 when he has passed only I. Sc. examination. While working in the school he obtained his B. A. degree in 1966 and Diploma in Education in 1969. He passed his M A. examination only in 1973.

Respondent no. 5 was appointed as an Assistant teacher in the school on 19.3.1964. At that time he had already obtained M. A. degree. He also obtained his Diploma in Education only in the year. 1969.

6. When Sri Sheo Narain Mishra, the permanent Headmaster, died in the year 1972 the Sub-divisional Education officer Darbhanga by his letter dated 29.4.1972 addressed to the Secretary (respondent no. 2) declared the petitioner to be the senior most teacher in the school and directed to place him as Headmaster in-charge till the regular appointment for permanent Headmaster was made. That letter may be seen in Annexure 1 to the petition. Respondent no, 2, however, did not act up to that direction, as according to the petitioner, he was harbouring ill will against him. Thereafter, followed tile meeting of the adhoc managing committee III December, 1973 and Ja