1. The Manager of an aided U. P. School is the appellant. The post of a Needle Work Teacher, a specialist teacher as it is known under the K.E.R., was sanctioned for the School in 1961. One Nandini who continued as a specialist teacher in that sanctioned post retired from service on 31-3-1986. The Manager, the appellant, appointed the 5th respondent as Needle Work Teacher in that vacancy. The appointment was not approved by the authorities and therefore the Manager came to this Court under Art.226 of the Constitution. The Writ petition was dismissed and hence this appeal.

2. The appellant contends that the appointment was to a sanctioned post of a specialist teacher which did not cease to exist when Nandini retired. The Manager did not create a new post of a Needle Work Teacher and the appointment of the 5th respondent was not to a new post. It is contended that the approval was declined on a wrong understanding of the relevant provisions, in Chapter XXIII of the K.E.R. In order to appreciate the contentions of the appellant, it is necessary to extract R.2 and R.6B(1) iff Chapter XXIII of the K.E.R, which read thus:

"2. (1) Subject to availability of funds, the number of