JUDGMENT : RAKESH TIWARI, J. 1. Heard counsel for the parties and perused the records. 2. Anusuiya Mahila Higher Secondary School, Chhoti Piyari, Varanasi (hereinafter referred to as the institution) is a recognised institution under the U.P. Intermediate Education Act, 1921. It imparts education from Class 1 to 10th. The City Magistrate, Varanasi was appointed as the Prabandh Sanchalak of the institution. The institution was brought on grant-in-aid list of the State Government after the enforcement of U.P. Act No. 24 of 1971. The Regional Inspectress of Girls Schools Vth Region, Varanasi sanctioned 7 posts of B.T.C. grade vide letter No. 2514-16-79-80, dated 1.6.1979. 3. The Director of Education for the first time vide his letter dated 19.11.1997, delegated his power to Regional Educational authorities to sanction posts in the educational institution. 4. From the impugned order it is evident that the contesting Respondent Nos. 4 and 5 based their appointments in B.T.C. Grade in the institution on the basis of an alleged order dated 24.8.1972 said to have been issued by R.I.G.S., Varanasi, by means of which she has sanctioned 9 posts of B.T.C. Grade. It is alleged that sanction order dated 24.8.1972 was without jurisdiction and void, apart from the fact that it was forged and fictitious document and did not contain even the signature of the competent authority. It is further alleged that since in the institution there were only 7 sanctioned posts against which teachers in B.T.C. Grade were working and paid salary from the State fund, as such the alleged appointments of Respondent No. 4 based upon the said order dated 24.8.1972 was not legal. 5. A supplementary affidavit has been filed by the Petitioner in which it has been averred that on a complaint to the District Magistrate, Varanasi during the pendency of the aforesaid writ petition an enquiry was conducted by the City Magistrate, Varanasi, i.e., the Prabandh Sanchalak of the College. The City Magistrate, Varanasi after affording opportunity to the concerned parties and perusing the records has recorded categorical findings of facts that the alleged order dated 24.8.1972 is a fake document and, therefore, the subsequent order dated 2.9.1988 has no substance in eye of law. 6. In view of fact that there were only 7 sanctioned posts in B.T.C. Grade in the institution, vide R.I.G.S. letter dated 1.6.1979, on which 7 teachers were already appointed and getting their salary. 6. In view of fact that there were only 7 sanctioned posts in B.T.C. Grade in the institution, vide R.I.G.S. letter dated 1.6.1979, on which 7 teachers were already appointed and getting their salary. The alleged appointment of Respondent Nos. 4 and 5 on the basis of aforesaid fraudulent letter dated 24.8.1972 is illegal and they have no right to claim appointment and salary. 7. From perusal of the impugned order dated 21.12.1999 passed by Respondent No. 1, it is evident that he himself doubted the genuineness of order dated 24.8.1972 but without reaching any definite conclusion on correctness of the said letter has directed for payment of salary to the Respondent Nos. 4 and 5 which is unsustainable. 8. On the aforesaid basis, the City Magistrate prepared a detailed report on 30.4.2001 and submitted to District Magistrate, Varanasi. Relevant portion of said report dated 30.4.2001 is as under: 9. From perusal of report, it appears that the District Magistrate has found that the order dated 24.8.1972 does not contain signature of any person and is not a genuine/authentic document and appointment of Smt. Shashi Kala Pandey, Vimla Yadav and Nageena Devi is not legal and proper. Still the Committee of Management has tried to justify its illegal acts by producing forged document/evidence and lacs of rupees of the State have been withdrawn by the management committing serious financial loss to the State. 10. Since order dated 24.8.1972 has not been found to be authentic and genuine, the writ petition is allowed and the impugned orders dated 2.9.1988 and 21.12.1999 (Annexures-2 and 12) are legally not enforceable and are quashed. The matter is remanded back to the Joint Director of Education, Varanasi Region, Varanasi for passing appropriate and further orders in accordance with law. 11. With the aforesaid direction the writ petition is disposed of. No order as to costs.