JUDGMENT :

Prakash Padia, J.

1. Heard Sri H.N. Singh, learned Senior Advocate assisted by Sri Sanjay Kumar Mishra, counsel for the petitioner, learned Standing Counsel has accepted notice on behalf of respondent No. 1, Sri Pankaj Kumar Tyagi, learned counsel for respondent nos.2 and 4, Sri Prabhakar Awasthi, learned counsel for respondent no. 3 and Sri Sanjay Kumar Pandey, learned counsel who has put in appearance on behalf of respondent no 5.

2. The petitioner has preferred the present writ petition with the prayer to quash the resolution dated 14.11.2018 passed by the Committee of Management of Sri Vidyanand Junior High School, Jarauil Charkhanni, Mahoba, the order of approval passed by the District Basic Education Officer dated 1.12.2018 and the order of termination dated 3.12.2018 passed by the Manager of the Institution in question (Annexures 9, 10 and 11 to the writ petition).

3. Facts in brief as contained in the writ petition are that Sri Vidyanand Junior High School, Jarauil Tehsil Charkhanni, Mahoba is an educational Institution imparting education from Classes 6 to 8. The Institution in question is a duly recognized Institution. All its teachers and employees are getting their salary in terms of the provisions contained in U.P. Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 and their service conditions are governed under the provisions U.P. Recognised Basic Schools (Junior High Schools) (Recruitment And Conditions Of Service Of Teachers) Rules, 1978. That a post of Head Master of the Junior High School was fallen vacant in the Institution in question. In this regard an order was passed by the District Basic Education Officer, Mahoba on 31.8.2005 granting permission for advertisement for appointment on the aforesaid post. The post of Head Master had been advertised in the daily newspapers on 16.09.2005. Pursuant to the aforesaid advertisement, various persons including the present petitioner applied for the aforesaid post. A selection committee was duly constituted for the appointment on the post of Head Master. The selection committee found the petitioner the most suitable candidate. Vide order dated 23.09.2005 the District Basic Educaton Officer, Mahoba granted approval regarding appointment of the petitioner. Subsequently, a letter of appointment was issued to the petitioner on the same date. The petitioner joined the Institution on 27.9.2005 and thereafter started working in the Institution in question. Signatures of the petitioner were also attested by the District Basic Education Officer, Mahoba. Salary bill for the month of September, 2005 was also sanctioned and salary was also released in favour of the petitioner.

4. In the meanwhile, one Raghunandan Prasad/respondent No.5 filed a writ petition being Writ Petition No.72842 of 2005 before this Court questioning the appointment of the petitioner. Vide order dated 29.11.2005 passed by this Court, the payment of salary in favour of the petitioner was stayed. Since no restrain order was passed in respect of working of the petitioner, the petitioner continuously discharged his duties on the post of Head Master of the Junior High School. The Writ Petition No.72842 of 2005 filed by Raghunandan Prasad was finally dismissed by a Coordinate Bench of this Court vide its judgment and order dated 7.9.2018. It was held by this Court in the aforesaid case that petitioner Raghunandan Prasad does not have requisite qualification for the post of Head Master. The order dated 7.9.2018 passed in Writ A No.72842 of 2005 is appended as Annexure 8 to the writ petition. After the aforesaid judgment was delivered, Committee of Management passed a resolution dated 14.11.2018 terminating the service of the petitioner on the ground that on the date of appointment, the petitioner does not have training certificate. The resolution passed by the Committee of Management was sent for approval to the District Basic Education Officer, Mahoba. The resolution for t