( 1 ) HEARD Shri A. P. Srivastava, learned counsel for the petitioner and Shri Alok Singh, learned standing Counsel on behalf of the respondents.

( 2 ) THE petitioner has impeached the order passed by the Deputy Director of Education, Agra, dated 27. 4. 1998 which has affirmed the earlier order passed by the District inspector of Schools dated 8. 9. 1997 and has held that the approval to the appointment of the petitioner cannot be granted in view of the fact that the petitioner has not been appointed against a sanctioned post and secondly that the petitioner was appointed against a post which was held by a Teacher with regard to which a Civil Suit is already pending before the Civil Court. A counter-affidavit has been filed on behalf of the respondents to which a rejoinder-affidavit has been filed by the petitioner. The stand taken by the respondents is that the letter dated 21. 8. 1979 sanctioned only 5 posts of Assistant Teacher and not 6 inasmuch as even though 6 posts were referred to therein but the note appended to the said letter stated that one post re remains unapproved and as such the post which is being claimed by the petitioner is not available and theref