Honble H.L. Gokhale, CJ.—Heard Sri V.K. Singh, in support of this appeal and Mr. G.C. Upadhyay, learned Standing Counsel appearing for the Respondents.

2. The appeal seeks to challenge the order passed by the learned Single Judge on 27.11.2007 dismissing the writ petition filed by the appellants.

3. Since the controversy in this matter can be dealt with at the admission stage itself, we admit the appeal. We have heard the learned Counsel for both the parties and with their consent, this appeal is being disposed of at this stage. The short facts leading to this appeal are as follows :

4. The second appellant-Committee of Management is running an Intermediate College at Mharpur in district Azamgarh. One of the subjects, which is being taught in this College is Education. The College was granted recognition to teach this subject in 1969 when it was upgraded to Intermediate College. The then Principal of the Institution himself was taking this subject. Hence when the Committee of Management applied for one post for this subject respondent No. 3-District Inspector of Schools wrote to the Institution on 5.3.1970 recording that since the Principal himself was taking this subject, hen