B.K. Sharma, J.

1. This writ appeal is directed against the order dated 12.12.01 passed in W.P(c) No. 206/01 by which the writ petition filed by the present appellant was dismissed.

2. The facts are in a narrow campus. It is the legality and validity of the procedure adopted by the respondents towards filling up the post of Assistant Headmaster, which was put to challenge by the petitioner/appellant. The writ petition was dismissed primarily on the grounds that the petitioner was estopped from making a challenge to the selection conducted for the purpose in view of his participation in the selection process.

3. The appellant is a qualified teacher having his degree of B.A. (Hon) and B.Ed. The school in which the appellant has been working is a Class XII level school with 100 percent Govt. grants-in-aid. The service of the petitioner is a provincialised one and the scale of pay with other allowances paid to the petitioner/appellant alongwith other teachers are at par with those of the teachers in the Govt. schools. The name of the school in which the appellant has been serving is "Fatikroy Class-XII School".

4. As Assistant teacher of the school, the petitioner/appellant can asp