M. KATJU, J. ( 1 ) HEARD learned Counsel for the petitioner and learned Standing Counsel. ( 2 ) IN this case on 1. 5. 1998 learned Standing Counsel was granted one months time to file a counter affidavit but no counter affidavit has been filed so far. The petitioner has served respondent No. 5 personally and filed an affidavit of service but none has appeared. ( 3 ) IN the circumstances I am teaching the allegations in the petition to be correct. ( 4 ) THE petitioner had been appointed as a L. T. Grade teacher after advertising the post in well known newspapers, but the District Inspector of Schools has rejected the recommendation of the committee of Management on the reasoning that the Committee of Management has no right to appoint teacher on a short term vacancy. In my opinion, this stand of the respondent is not correct. This Court in Sri Niwas Singh v. State of UP. , (1998) 1 UPLBEC 276 , following the decision of the Full Bench in Radha Baizada v. Committee of Management (1994) 1 UPLBEC 155, has held that the Committee of Management can select the person as a teacher. Following the said decision this petition is allowed. The impugned order dated 6. 4. 98 is quashed and the district Inspector of Schools,, is directed to pass afresh order in accordance with law within a month of the production of the certified copy of this order before him. .