ORDER 1. Leave granted. 2. Saraswati Inter College is a school running in the district of Saharanpur (V.P.). It is recognised as a Junior High School and was receiving grant-in-aid from the State Government. It was granted recognition as a High School in July 1984 but was brought on the grant-in-aid list by government order dated 18-1-1999 with effect from 1-12-1998. It is not in dispute that subsequent to this date the provisions of the V.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (for short "the Act") would apply Prior to the application of the Act, the authority for grant-in-aid was the District Basic Education Officer. 3. This case relates to a period, which starts before 1-12-1998 but ends on 12-2-1999 with the appointment of the appellant as an Assistant Teacher in the school. Therefore, before the school was brought on the grant-in-aid list, the school had written to the District Inspector of Schools (DIOS), who is the competent authority under the Act, for approval for advertising the vacancy of an Assistant Teacher. DIOS endorsed the application of the school to the Basic Shiksha Adhikari (BSA) on 7-11-1998 stating that the matter was to be decided at the level of BSA because the Junior High School was affiliated with BSA. BSA consequently followed the procedure prescribed, and when the appellant was selected on 20-1-1999 as an Assistant Teacher in the school, approved such appointment on 11-2-1999. The appointment letter was issued to the appellant on 12-2-1999. 4. The school applied to DIOS, which was the competent authority after coming into force of the Act as far as the school was concerned, for approval of the appointment of the appellant and consequent payment of his salary. The Joint Education Director refused to grant such approval on the ground that his approval was not taken prior to the selection of the appellant. BSA clarified the position by letter dated 13-9-1999 to the Joint Education Director. It was stated in that letter that the appellant had been appointed after following proper procedure; and that BSA had taken the decision with the approval of DIOS on the basis of the produced documents. 5. The appellant, however, impugned the order of the Joint Education Director dated 2-9-1999 refusing to approve his appointment and grant him salary, under Article 226 of the Constitution. 5. The appellant, however, impugned the order of the Joint Education Director dated 2-9-1999 refusing to approve his appointment and grant him salary, under Article 226 of the Constitution. The writ petition was dismissed on the ground that the government order dated 18-1-1999 must have been in the knowledge of the management as well as BSA prior to the approval of the appellant's appointment. The writ appeal was also dismissed summarily. 6. Having heard the submissions of the parties, we are of the view that having regard to the facts of this case, since the process had been initiated prior to the government order and since DIOS had himself referred the matter of selection to the post of Assistant Teacher to BSA and in view of the clarification given by BSA, the writ petition should have been allowed. In the facts of the case, the impugned order of the Joint Education Director dated 2-9-1999 is, therefore, set aside and the competent authority is directed to approve the appointment of the appellant and ,disburse his salary. 7. The appeal is disposed of in the aforesaid terms.