SUNIL AMBWANI, J. ( 1 ) HEARD Sri A. K. Yadav learned counsel for petitioner and learned Standing Counsel. ( 2 ) THE petitioner has prayed for quashing the order dated 4. 6. 2003 and 18. 10. 2003 issued by the director of Education (Basic), U. P. , at Allahabad, and the consequential, order dated 24. 1. 2004 issued by the Authorised Controller of the Institution, disapproving the petitioners appointment as Assistant Teacher and cancelling the resolution No. 10 dated 24. 1. 2003, of the Managing committee of the School. ( 3 ) DR. Ambedakar Junior High School, Indragndhi, Ghaziabad is a recognized and aided Junior high School. The service conditions of the teachers and staff and the payment of their salaries are regulated by the U. P. Recognized Basic Schools (Junior High School) (Recruitment and conditions of Service of Teachers) Rules, 1978 and U. P. Junior High School (Payment of salaries to Teachers and Other Employees) Act, 1978. The Regional Assistant Director of education (Basic) 1st Region, Meerut has by his order dated 12. 5. 1988 sanctioned one post of head Master, eight posts of Assistant Teachers, one post of Clerk and three posts of Class IV employees in the school. The District Basic Education Officer, Ghaziabad by her order dated 23. 4. 1997 transferred Smt. Poonam Kushwaha, Assistant Teacher serving in Ganga Saryn srrjarak Junior High School, Sabali, Hapur, Ghaziabad to Dr. Ambedkar Junior High School on the ground that the students strength in her institution was not sufficient. One Sri Yograj Singh, serving as Assistant Teacher in the school was appointed in an absolutely administrative ground and that he resigned on 25. 6. 1999 and was relieved from duties on 27. 6. 1999. ( 4 ) THE management of the school advertised the vacancy of Assistant Teacher in daily newspaper veer Arjun and jan Satta on 1. 4. 2003 and 2. 4. 2003 respectively inviting application from eligible candidates. It is contended that out of six candidates, three appeared before the Selection committee for interview on 16. 42003. The Selection Committee selected the petitioner and that the Authorised Controller forwarded all the documents for approval to the District Basic education Officer, Ghaziabad along with letter dated 16. 4. 2003. The Basic Shiksha Adhikari, ghaziabad by his letter dated 17. 4. 2003 approved the appointment. 42003. The Selection Committee selected the petitioner and that the Authorised Controller forwarded all the documents for approval to the District Basic education Officer, Ghaziabad along with letter dated 16. 4. 2003. The Basic Shiksha Adhikari, ghaziabad by his letter dated 17. 4. 2003 approved the appointment. ( 5 ) IT is contended that an enquiry was made, after which the Deputy Director (Science) acting for the Director of Education (Basic)U. P. found that at the time when Smt. Poonam Kushwaha, assistant Teacher was transferred to the School, there were only> eight sanctioned posts of assistant Teachers and thus when Sri Yograj Singh left the school to join elsewhere, Smt. Poonam Kushwaha should have been adjusted in the vacancy, vide Government Order dated 21. 5. 1979. She further found that veer Arjun is published from New Delhi and jan Satta from lucknow, and thus that the advertisement was not published news papers of which atleast one has a wide circulation in the area. The advertisement as such violated Section 7 (1) of the Rules of 1978. The Deputy Director further found that the vacancy came into existence as soon as Sri yograj Singh was relieved on 27. 6. 1999. This vacancy under Rule 3 (ii) of the Rules of 1998 was required to be filled up within two months from the date of its occurrence during the academic session. The management did not take permission of the District Basic Education Officer for filling up the vacancy after three years. She directed the Regional Assistant Director of education (Basic) Meerut to take steps to cancel the approval and the appointment and to take action against the Authorized Controller, Principal and the then Basic Education Officer. Consequently the Authorised Controller has cancelled the appointment. ( 6 ) LEARNED counsel for the petitioner submits that Smt. Poonam Kushwaha was transferred along with her post which increased the numoer of sanctioned post of Assistant Teacher to nine. The resignation of Sri Yograj Singh, Assistant Teacher dated 25. 9. 1999 was accepted by the District basic Education Officer on 28. 3. 2003 and thus there was a clear vacancy which was advertised in veer Arjun published from New Delhi and jan Satta published from Lucknow and also poineer published from New Delhi and which have wide circulation in Ghaziabad. 9. 1999 was accepted by the District basic Education Officer on 28. 3. 2003 and thus there was a clear vacancy which was advertised in veer Arjun published from New Delhi and jan Satta published from Lucknow and also poineer published from New Delhi and which have wide circulation in Ghaziabad. He submits that the Deputy Director of Education committed gross error of law and has misread the Rules of 1978 in finding that there was no vacancy or that it was not properly advertised before it was filled up. He further submits that the violations of sub Rule (2) of Rule 3 of the Rules of 1978 to fill the vacancy within two months during the academic session is only by way of guidelines and does not invalidate the appointment which is otherwise valid. ( 7 ) LEARNED Standing Counsel has supported the reasons given in the order of the Deputy Director and submits that there was no ! vacancy to be filled up by petitioners appointment. ( 8 ) THE U. P. Junior High School (Payment of Salaries of Teachers and Other Employees) Act, 1978 (In short Act of 1978) provides for payment of salaries and other matters connected therewith. The object of the Act is to secure timely payment of salary and to punish defaulting management. The maintenance grant is defined under Section 2 (f) to grant such amount in aid of an institution of a State Government by general or special order in that behalf, directs to be treated as maintenance grant appropriate to the level of the institution. ( 9 ) THE sanction of post of Head Master, teachers and staff is sine qua-non for determining and release of maintenance grant. Section 9 of the Act prohibits the institution to sanction new post of teacher and except previous approval of the Director as may be empowered by a general or special order in that behalf by the Director. Sub-section (2) of Section 9 provides that if any new post is created with the previous approval and no appointment is made within three months, the approval shall be deemed to have withdrawn. The District Basic Shiksha Adhikari has no authority to transfer a post from one school to another and thereby increasing the sanctioned strength of the school. In the order dated 23. 4. The District Basic Shiksha Adhikari has no authority to transfer a post from one school to another and thereby increasing the sanctioned strength of the school. In the order dated 23. 4. 1997 annexed as annexure-2 to the writ petition, the District Basic Education Officer, Gorukhpur has referred to the order of the Secretary Basic education, U. P. Lucknow dated 8. 4. 1997 for, transferring the post along with its incumbent giving reference to Rule 14 of the Act. Section 14 does not provide for any such authority. It only protects the acts done by the officers in good faith. The Scheme of Act, 1978 does not provide for transfer of a post from a school in which the strength of students is reduced with its staff to another school. The guidelines for sanction of strength of teachers in a Junior High school provide for determination of the number of teachers in accordance with the number of students and the sections of classes in the school. The strength in a school cannot be increased on the ground that the strength of students in some other school has decreased to the level that the post of Assistant Teacher has become surplus in that school. ( 10 ) SRI Yograj Singh submitted his resignation on 25. 7. 1999 and was relieved by the Principal of school on 27. 9. 1999. The Rules of 1978 do not provide for acceptance of resignation. Rule 15 provides that no Head Master or Assistant Teacher of a recognized school may be discharged or removed or dismissed from service or reduced in rank or subjected to any diminution in emoluments or served with a notice of termination of service except with the previous approval in writing of the District Basic Education Officer. This Rule does not refer to resignation or its acceptance by the District Basic Education Officer. After Sri Yograj Singh left to join a fresh appointment in Delhi Administration and was relieved by the Principal on 27. 9. 1999, a vacancy was caused on the post held by him. It was required to be filled up under Rule 3 (2) of the Rules of 1978 within two months. If it could not be filled within the academic session, the management was required to give reasons for such inaction and to seek permission of the District Basic education Officer to fill up the post. It was required to be filled up under Rule 3 (2) of the Rules of 1978 within two months. If it could not be filled within the academic session, the management was required to give reasons for such inaction and to seek permission of the District Basic education Officer to fill up the post. In the present case the vacancy was not filled for three long years and that there is no material to show that the District Basic Education Officer has approved fresh appointment before the alleged vacancy was advertised. ( 11 ) THE petitioner has not challenged the appointment of Smt. Poonam Kushwaha, nor has impleaded her as party. This Court as such cannot grant any relief and declare the appointment of Smt. Poonam Kushwaha to be invalid. ( 12 ) ON the given facts and circumstances, I find that all the eight posts of Assistant Teachers were filled up, and that there was no vacancy to be advertised for selections in April 2003. The writ petition is dismissed with no order as to costs. . .