By the Court.—We have heard Sri R.C. Dwivedi, learned counsel for the appellant, learned Standing Counsel appearing for respondents No. 1 and 2 and Sri Azad Khan, Advocate holding brief of Sri S. Islam, learned counsel appearing for respondent No. 4.

2. The District Inspector of Schools, Deoria by his order dated 26.8.2008 held that Sri Muzafrul Hasan was the senior most lecturer in the institution, Mohd. Samiullah is the second senior most lecturer in the institution and the District Inspector of Schools has cancelled the appointment of Mohd. Ayyub Khan as ad hoc Principal of the institution as he has found that since Sri Muzafrul Hasan had refused to shoulder the responsibility of the officiating Principal, hence Sri Samiullah, lecturer next in the order of seniority, was entitled to be appointed on the post of officiating Principal. This order was challenged by Mohd. Ayyub Khan by filing writ petition being Civil Misc. Writ Petition No. 4833 of 2008, dismissed by the learned single Judge by his judgment and order dated 17.9.2008, which has been challenged in this appeal.

3. We have gone through the order of the learned single Judge and we are of the considered opinion that