Sudhanshu Dhulia, J.

The petitioner before this Court is an assistant teacher L.T. Grade in a grant in aid school, namely, “Mangla Devi Inter College, Dehradun”. He is aggrieved by the appointment of the private respondent in “Mangla Devi Inter College”, who has been appointed on the vacant post of Lecturer on transfer from another private aided college, namely, “Janta Inter College, Dhanderkhet, Pauri District Pauri Garhwal”. It is an admitted position that such transfers can be made from one private aided school to another private aided school, provided there is a resolution of both the committee of managements and approval is accorded by the education authorities for the transfer. Again such transfers can only be made on posts which are to be filled by direct recruitment. In other words, such transfer cannot be made on posts which are to be filled by way of promotion.

2. It is an admitted case that the petitioner was teaching as an Assistant Teacher L.T. Grade (Sociology) in “Mangla Devi Inter College, Dehradun”, where the post of Lecturer (Sociology) fell vacant which was filled by way of transfer of respondent no. 6. The approval granted by the Education Authority for