- (1.) HEARD Sri H.N. Shukla, learned Counsel for the petitioner, Sri V.B. Mishra, learned Counsel for the respondent No. 1, and learned Standing counsel for respondents and have perused the relevant documents on record.
(2.) BY means of this petition under Article 226 of the Constitution of India, the petitioner has prayed for issuing writ of mandamus commanding the respondents to make payment of the salary of the petitioner since 1982 till date and not to interfere in performance of the petitioner as teacher (Adhunic Vishaya) of Mahavidhyalaya, for issuing a writ of certiorari quashing the entire proceeding for fresh selection in place of the petitioner and also the fresh selection, if any, has been made in place of the petitioner, be declared null and void. In brief, the petitioner's case is that the petitioner was appointed on substantive post for teaching (Adhunic Vishaya) as permanent teacher on 01.07.1973 in the Sri Ram Prasad Sanskrit Mahavidyalaya, Gopalpur, Sikrara, Jaunpur affiliated by Sampurnanand Sanskrit Vishwavidyalaya, Varanasi and since then he was working on the same post upto the year 1982. The teachers of the aforesaid Mahavidyalaya were not paid their salaries properly by the Management of the aforesaid Mahavidyalaya, its complaint was made to the University's authorities concerned thereupon, the Manager of the aforesaid Mahavidyalaya was very annoyed and wanted to remove the petitioner as well as some other teachers from the service. That in this connection, one advertisement was published on 29.05.1982 in newspaper 'Aaj' seven teachers including the petitioner for Adhunic Vishaya as M.A., Bed. And one Pradhanacharya are required for the said institution. That in accordance with the statute of the University experts are to be nominated by the Vice -Chancellor of the aforesaid University for the purposes of selection of teachers, accordingly the Committee of Management requested the Vice -Chancellor for the nomination of the experts for the selection of teachers, the interview of which was to be held on 29.09.1982. The Vice -Chancellor accepted the request of the Committee of Management by his order dated 13.09.1982. That the petitioner along with other teachers opposed the activities of the management giving the details and the complaints were made by the petitioner and other teachers to the Vice -Chancellor of Sri Sampurnanand Sanskrit Vishvidyalaya, Varanasi that in pursuance of the aforesaid complaint the Vice -Chancellor stayed the execution of his order dated 13.09.1982 by his order dated 22.09.1982. That despite of the fact that the Vice -Chancellor of the aforesaid university stayed the execution of the appointment, the Committee of Management proceeded to make the appointments in place of petitioner and other teachers of the said Mahavidyalaya.
(3.) THE petitioner filed a Writ Petition No. 11225 of 1982 praying for following reliefs: (a) issue an order, direction or writ in the nature of a writ of certiorari quashing the order of nomination of Experts dated 26.9.1982 passed by the Vice -Chancellor of Sri Sampurnanand Sanskrit Vishwavidyalaya, Varanasi (Annexure -V). (b) The fresh selection be declared null and void. (c) to grant any other suitable order direction or writ which this Hon'ble deem fit and proper. (d) to award costs of this writ petition.;