Consensual jurisdiction under Ext. P6 precludes review under Art.226 of the Constitution.

1. The petitioner is the Correspondent of the National High School, Engandiyur. The 2nd respondent was a teacher in that school. The 1st respondent is the Divisional Inspector of Schools, Coimbatore.

2. The agreement entered into between the petitioner and the 2nd respondent is Ext. P6 dated 7-6-1955. Chapter III of the Madras Educational Rules contains the rules for Secondary Schools, and R.120) which occurs in that Chapter provides:

"12. The recognition of secondary schools shall vest in the director and it may be refused or withdrawn if he is not satisfied as regards any of the following, besides the other matters specified in this chapter:-

0) The terms on which the teachers are engaged, including the execution of a written agreement between the management and each teacher as prescribed in Appendix 28",

Ext. P 6 is in the form given in Appendix 28 for adoption by aided Managements.

3. Clause.? (4) of Ext. P6 is in the following terms:

"That in respect of the teacher appointed temporarily or to act on probation, the school authority shall have power to terminate the services of any such teacher -

(i) Without notice for any or all of the following reasons; wilful neglect of duty, serious misconduct, gross insubordination, mental unfitness, suspension or cancellation of teacher's certificate by the Director of Public Instruction under the Madras Educational Rules;

(ii) With notice of two months or two months' salary in lieu thereof for the following reasons:-Incompetence, retrenchment, physical unfitness or any other good cause".

4. The notice given by the petitioner to the 2nd respondent and others is Ext. P2 dated 26-3-1956:

"As it is understood that new Secondary Schools are being opened at Talikulam, Mukkadi and Vadanappally, it is feared that the strength of the school will be seriously affected from the next academic year. As such, it has become necessary for the undersigned to serve notices of discharge on the following Teachers of the school. Your services may not be required as and from 1st June 1956:

If vacancies exist your case will be considered for reappointment, provided you apply for re-appointment at the proper time".

5. According to the petitioner the 2nd respondent did not apply for re-appointment and as a result she was not taken back into service. The 2nd respondent was no doubt allowed to sign the attendance register on the date on which the school re-opened; but that according to the petitioner did not spell re-appointment or a continuation of her service. She was permitted to sign the register on that day only in order to enable her to get her salary for the period of the vacation. These contentions of the petitioner are stated as follows in Para.4 of the affidavit in support of the petition:

"Most of the other teachers who were served with notice on 26-3-1956 applied for reappointment. But the second respondent and another teacher, Sri. C.K. Sekharan did not apply for such reappointment. The teachers who applied for reappointment were reappointed but the case of the 2nd respondent and Sri. C. K. Sekharan was not considered as they did not apply. The second respondent signed the roll on the re-opening day of the School in June 1956 as she had to receive the vacation salary. Sri. C. K. Sekharan also did the same on the re-opening day".

6. According to the 2nd respondent she did apply for reappointment on 23-4-1956 and the petitioner promised to continue her in service. Her case is that she signed the attendance register on the re-opening day in token of her rejoining duty but she was not allowed to sign the register in the afternoon and was prevented thereafter from working as a teacher in the school.

7. This is a dispute on a pure question of fact which it is impossible to resolve in proceedings like this or on the affidavits and papers filed before me. The 2nd respondent's version has apparently been accepted in Ext. P1as can be seen from the sentence:

"In that event, the teachers who were served with noti