Hon’ble Dr. B.S. Chauhan, J.—The dispute in this Special Appeal is about the post of the Head of the Institution, namely, Kisan Purva Madhyamik Vidyalaya, Itaili, Gazna Kudda, District Jaunpur which post is being claimed by the appellant Ajai Pratap Rai and respondent No. 3 Shri Krishna Dixit respectively. The judgment under appeal rejects the claim of the appellant as well as the respondent No. 3 and directs that the teacher next to the respondent No. 3 in seniority shall be handed over charge as the Head of the Institution till the respondent No. 3 is not cleared of the charges against him or till a permanent regular selection is made in accordance with law. The learned Single Judge has also recorded a finding that the appellant and respondent No. 3 as well as the then District Basic Education Officer have indulged in certain malpractices for which a direction has been issued to launch criminal prosecution against them and other directions have been issued in respect of the connected writ petition pertaining to the management of the institution with which the present appellant is not concerned.

2. The facts of the case have already been set out in detail in the judgment o