V.M.Sahai, J. - (1.) Km, Avinash Gupta, respondent No. 2 was appointed as Principal on 25.3.1975 on probation of one year in Vaidya Bhagwan Din Bailka Vidyalaya Higher Secondary School, Nanpara, district Bahraich (in brief institution). She was suspended on 6.2.1977, 4.4.1977 and 11.7.1977 but these suspension orders were not approved by the Regional Inspectress of Girls School (in brief R.I.G.S.). She was again suspended on 16.4.1981. This order was approved by R.I.G.S. The charge-sheet was issued to her on 17.2.1981. It was replied on 23.3.1981. The petitioner passed a resolution on 30.4.1981 for terminating the services of respondent No. 2. This resolution was sent to R.I.G.S. for approval, as provided by Section 16G (3) of the U. P. Intermediate Education Act, 1921 (in brief the Act). It remained pending with the R.I.G.S. for about four years. The approval was granted on 7th May, 1985, The respondent No. 2 filed an appeal before the Joint Director of Education. This appeal was allowed on 18.7.1987. The appellate order was challenged by petitioners by way of Civil Misc. Writ Petition No. 5562 of 1987 which was allowed on 16.7.1991 with direction to the Joint Director of Education to decide the appeal afresh, in accordance with law after giving an opportunity of hearing to both the management and the principal. The Joint Director of Education again allowed the appeal on 10.7.1992 and set aside the order dated 7.5.1985 granting approval. He held that R.I.G.S. had no power of approval on 7.5.1985 as under the U. P. Secondary Education Services Selection Boards Act", 1982, the power vested in the commission/board. It is this order, which has been challenged by the petitioners in this writ, petition.
(2.) Sri Rajiv Misra, learned counsel for the petitioner has urged that R.I.G.S. had power to grant approval to the resolution of the management terminating the service of the petitioner. He placed reliance on Section 3 of the Uttar Pradesh Secondary Education Service Commission and Selection Board (Amendment) Act, 1985, by which proviso was inserted in Section 21 of the Uttar Pradesh Secondary Services Commission and Selection Boards Act, 1982. The learned counsel has urged that the Joint Director of Education has not complied with the direction in Writ Petition No. 5562 of 1987 and has not decided the appeal considering all the contentions raised on behalf of the petitioner. He lastly urged that once appellate authority held that the appeal before him was not maintainable, he could not decide the appeal.
(3.) The respondent No. 2 Km. Avinash Gupta has appeared in person. She and Sri V.N. Agarwal the learned standing counsel both have supported the order passed by the Joint Director of Education. The learned standing counsel placed the notification dated 27.12.1983 notifying 1.1.1984 as the date for enforcement of Section 21 of Uttar Pradesh Secondary Services Commission and Selection Boards Act. 1982. The notification is extracted below : ..(VERNACULAR MATTER OMMITED)..;