The Deputy Director of Education has no jurisdiction to review his order granting approval except in cases of fraud or misrepresentation. The Deputy Director of Education has no power to issue interim orders pending enquiry.

K. N. Singh, J.

1. This is a petition under Article 226 of the Constitution for quashing the order of the Deputy Director of Education, Gorakhpur, dated 20-6-1974, whereby he suspended the operation of his order, dated 25-5-1974 according approval for the petitioner's appointment as principal of Shikshak Uchttar Madhyamik Vidyalaya, Bheemvar, District Azamgarh.

2. The petitioner was appointed as an Assistant Teacher in Sri Subhash Intermediate College, Karhiya, District Azamgarh. While serving there as teacher he applied for the post of Principal, Shikshak Uchhttar Madhyamik Vidyalaya, Bheemvar, (hereinafter referred to as the College) in pursuance of an advertisement issued by the management of the Shikshak Uchhttar Madhyamik Vidyalaya, iniviting applications from qualified candidates for appointment to the post of Principal. The petitioner appeared before a Selection Committee for interview along with other candidates. He was selected. The management submitted the recommendations of the Selection Committee to the Deputy Director of Education, Gorakhpur, for according approval to the petitioner's selection and appointment. The Deputy Director of Education by his letter dated 25-5-1974 accorded approval to the petitioner's appointment. According to the petitioner he joined as Principal on 8-6-1974 and since then he has been functioning as such. It appears that there is dispute amongst the office bearers of the College and two rival committees of management have come into existence. Each of them claim to have been validly constituted. One of such committee is headed by Maya Ram Rai as Manager while the other rival committee is headed by Mohar Rai as Manager. The petitioner had been selected and appointed by the committee headed by Maya Ram Rai. The oommittee headed by Mohar Rai made a complaint to the Deputy Director of Education challenging the validity of the selection and appointment of the petitioner. The Deputy Director of Education thereupon issued the order dated 20-6-1974 informing the petitioner that the approval dated 25-5-1974 shall remain stayed till further orders. Aggrieved the petitioner filed the present petition challenging the validity of the order of the Deputy Director of Education dated 20-6-1974.

3. Learned counsel for the petitioner urged that once the Deputy Director of Education accorded approval under Section 16-F of the U. P. Intermediate Education Act, he became functus officio. Latter on he was not entitled to reopen the question or to pass any interim order suspending the operation of the order granting approval. Section 16-F lays down procedure for selection and appointment of a teacher and principal. Section 16-F (2) lays down that a Principal of a College shall be appointed only after approval is granted by the Regional Deputy Director of Education. It is open to the Deputy Director of Education to disapprove the proposal submitted by the management. In case the Deputy Director refuses to accord approval, it is open to the management to make representation to the Director of Education. There is, however, no provision conferring power on the Deputy Director of Education to reopen the question of grant of approval on a complaint made by any rival committee of management or any other person. Neither the Act nor the Regulations confer any such power on the Deputy Director of Education. Once the approval is granted by the Deputy Director of Education, it becomes final and normally the Deputy Director has no jurisdiction to withdraw approval or to consider the question again.

4. Though normally it is not open to the Deputy Director of Education to review his order granting approval for the appointment of Principal but there is one exception to this rule which is well recognised in law. It is well settled that an order obtained by fraud is a nullity. It is always open to an administrative authority to reconsider or to review its order if it is satisfied that the order was obtained by fraud. Even