- (1.) The appellant who was working as Headmistress in the school of the respondent filed the present appeal against the judgment dated 19-12-1986 of the High court of Judicature at Allahabad (Lucknow bench). The judgment of the High court decides two matters: (7 Second appeal filed by the respondent, the Managing Committee of the school arising out of a civil suit filed by the appellant and (2 a writ petition also filed by the appellant in the High court. While the appeal filed by the Managing Committee was allowed, the writ petition of the appellant was dismissed.
(2.) The appellant was working as Headmistress of the junior school of the respondent. The school was upgraded and recognised as Higher Secondary School. The Managing Committee published an advertisement inviting applications for the post of Principal. The appellant who was working at that time as Headmistress also applied for the post of Principal. She was called for interview and was selected by the Managing Committee. Her appointment was, however, subject to the approval under the provisions of the Intermediate Education Act, 1921. The appellant was placed on probation for one year from the date of joining of her duty. She joined her post on 1/5/1969. Instead, however, confirming the appellant to the post of Principal the Managing Committee by letter dated 1/5/1970 terminated her services. This was on the ground that the competent authority under the Intermediate Education Act did not approve her appointment to the post of Principal inasmuch as the appellant did not possess the requisite qualifications as prescribed for the post of Principal in a higher secondary school. This led the appellant to file a civil suit in the court of Munsif North, Lucknow claiming relief for declaration that she was a confirmed Headmistress in the school of the respondent and for mandatory injunction that the respondent be ordered to confirm her on the post of Headmistress in the said school and she also prayed for decree of perpetual injunction for restraining the respondent from removing her from the post of Headmistress as also from making new appointment and holding any selection. After the services of the appellant were terminated the respondent also re-advertised for the post of Principal and the appellant again applied for her appointment to that post in pursuance of that advertisement. The trial court granted the appellant decree of declaration as prayed but refused to grant the relief of injunction. The Managing Committee filed an appeal against the judgment and decree of the trial court. The appellate court upheld the judgment anddecree of the trial court and dismissed the appeal. Against that the Managing Committee filed second appeal in the High court which, as noted above, was allowed and the suit filed by the appellant dismissed.
(3.) The appellant also filed a writ petition in the High court praying for a writ of mandamus directing the respondents to implement the decision of the court in the civil suit filed by her and for payment of arrears of salary and allowances to her. This writ petition was also dismissed. Aggrieved the appellant has filed this appeal.;