S. K. KESHOTE, J. ( 1 ) THE petitioner has challenged the order dated 24. 7. 1988, by filing this writ petition under which he was dismissed from service. The only contention raised by the learned counsel for the petitioner is that the order is bad and it has been passed without taking approval of the District Education Officer, as required under Sec. 36 of the gujarat Secondary Education Act. I do not find any substance in this petition. I have gone through the contents of the writ petition. The petitioner has not made any statement in the writ petition that the order dated 24. 7. 1982 has been passed without approval of the authority as required under Sec. 36 of the said Act. The learned counsel for the petitioner contended that it is pure question of law. I do not agree with this contention because it is mixed question of law and fact. The factual foundation of this plea has not been made out. The learned counsel for the petitioner has admitted that no such averment is made in the writ petition. In the result, this writ petitioin fails and same is dismissed. Rule discharged. .