1. The petitioner has filed this petition challenging the order, Annexure P-l dated 4.6.2001. By the aforesaid order it has been held that the appointment of the petitioner was illegal hence his services be terminated forthwith.

2. Respondent No.3 is a Society, registered under the provisions of Societies Registration Act. It is running a Higher Secondary School at Dabra. There was a post fallen vacant hence Society - respondent No.3 submitted an application on 27.7.1990 to the Joint Director of Education, Gwalior Division, Gwalior for the purpose of appointment and filling of the post as per provisions of Madhya Pradesh Non-Government Educational Institutions (Teachers and Employees Recruitment and Services) Rules, 1979. The Joint Director of Education granted permission to respondent No.3, Institution for the purpose of filling of the post of Lecturer (Sanskrit), copy of the order has been filed as Annexure P-5 dated 14.9.1990. Consequently, the institution issued an advertisement in a local news paper with regard to selection and appointment on the post of Lecturer (Sanskrit), copy of the advertisement has been filed as Annexure P-6. In pursuance to the said advertisement the petitioner applied for the aforesaid post and a selection committee was constituted by the Divisional Superintendent, Education, copy of the order has been filed as Annexure P-7 dated 22.11.1990. The Committee after following proper procedure selected the petitioner on the post of Lecturer (Sanskrit). Consequently, an appointment order in favour of petitioner has been issued, copy of which has been filed as Annexure P-2 dated 3.12.1990.

3. It appears that there were complaints with regard to appointment of the petitioner, hence, the Government found the appointment of the petitioner not proper because the provisions of reservation were not followed, hence his appointment was declared illegal and an amount of Rs.31,592/- towards salary paid to the petitioner was ordered to be recovered from him. Copy of the order has been filed as Annexure P-9 dated 27.4.1993. Against the aforesaid order the petitioner submitted a representation and thereafter the appointment of the petitioner was approved and the order was cancelled vide order dated 28th July 1993 and his post as Lecturer has been accepted for the purpose of grant in aid. Copy of the order has been filed as Annexure P-10. Thereafter, the Principal, Government Boys Higher Secondary School, Dabra again conducted an enquiry and found the appointment of the petitioner as per law. A complaint was also submitted to the Sub Divisional Officer, Dabra and the Chief Executive Officer, District Panchayat, Gwalior with regard to appointment of the petitioner as Lecturer and Sub Divisional Officer directed the Naib Tehsildar to conduct the enquiry and Naib Tehsildar submitted his report to the Sub Divisional Officer and on the basis of the report of the Naib Tehsildar the Sub Divisional Officer found that the appointment of the petitioner was not proper. The post of Lecturer (Sanskrit) was not sanctioned by the Government, hence he had no right to continue as lecturer (Sanskrit), copy of the report submitted by the Sub Divisional Officer has been filed as Annexure P-16. It appears that on the basis of the report of the Sub Divisional Officer the impugned order, Annexure P-l, has been passed by the Deputy Secretary, School Education Department and it is ordered that the appointment of the petitioner be terminated immediately because it was not as per law.

4. Initially, the respondent No.3 has filed the return on 22.10.2001. In the aforesaid return the respondent No.2 has supported the case of the petitioner and stated that the order passed by the Government, Annexure P-l was illegal.

5. Similarly, respondents No. 1 and 2 have also filed the return on 25.6.2004. In the aforesaid return they admitted the fact that the permission to fill up the post of Lecturer (Sanskrit) was given by the Join