SATYABRATA SINHA, J.

1. These two appeals being inter-related were taken up for hearing together and are being disposed or by common judgment.

2. The appellant in M.A.T. No. 902 of 1997 is the Governing Body of the Founder Body (Diocese of Barrackpore) charge of North India. An advertisement for the post of Headmaster was published in the year 1989 and interview was taken wherein one Chandan Kumar Sinha, the appellant in the other appeal, the respondent no. 7, Kalyan Biswas and the respondent no. 8, Ashish Mukherjee participated. The Governing Body appointed Sri Chandan Kumar Sinha. At that point of time Ashish Mukherjee did not oppose the appointment. Governing Body issued appointment letter on 14.5.91 and he joined as Headmaster on 25.5.91. On 26.5.91 all the papers relating to the said appointment were sent to the District Inspector of Schools by the Governing Body. Ashish Mukherjee, however, filed a writ application after four months on 16.9.91 questioning his appointment and direction was issued to file affidavits and in the meantime, Status Quo was directed to be maintained. An appeal was preferred therefrom by Ashish Mukherjee, wherein the appeal court directed the Dis