JUDGMENT

S.J. Hyder, J. - On a motion made by the Committee of Management Adarsh Inter College. Manikpur though its Authorised Controller, hereinafter referred to as petitioner, this court issued rule nisi requiring the Director of Education, U.P. respondent 1 and the District Inspector of Schools, Banda, respondent 2 to show cause why a writ of certiorari may not be issued quashing the orders of respondent 2 dated June 5, 1979 and June 29, 1979. They were further required to show cause why a writ of mandamus may not be issued commanding the said respondents not to compel the petitioner to pay the salary of respondent 3.

2. The facts about which there is no controversy between the parties are that the last Committee of Management of the petitioner was elected on September 13, 1970 and in accordance with the Scheme of Administration the term of the said committee ended by tax of time on September 13, 1973. The post of a teacher was vacant at that time and a Selection Committee which had been constituted in accordance with the regulations contained in Chapter II of the regulations framed under the U. P. Intermediate Education Act met on September 15, 1973 and recommended respondent 3