S. D. Agarwala, J. - (1.) COUNTER and rejoinder affidavits have been exchanged in all the aforementioned writ petitions. Learned counsel for the parties are agreed that all the three writ petitions be disposed of at the admission stage.
(2.) WE have heard learned counsel for the parties and the learned Standing Counsel. The dispute in these writ petitions relate to Ram Krishna Mahila Vidya Mandir, Mughalsarai, Varanasi. Smt. Vimla Maurya is the Head Mistrees of the institution. Initially she was suspended from service and the suspension order against her was approved by the Regional Inspectress of Girls Schools, Varanasi, by her order 28th October, 1986. Thereafter enquiry proceedings were conducted against her and the Management submitted proposal to the U. P. Secondary Education Services Commission for approving the resolution passed by the Committee of Management dismissing her from service. On 30th July, 1987 the Commission returned the papers to the Regional Inspectress of Girls Schools on the ground that since there was dispute in regard to the committee of management, hence it was not possible to pass any order for approval or disapproval of the resolution of the Committee of Management. After the order dated 30th of July, 1987 was passed, the Regional Inspectress of Girls Schools by an order dated 26th February, 1988 revoked the suspension order. The orders dated 30th July, 1987 and 26th February, 1988 have been challenged in Writ Petition No. 4034 of 1988. Thereafter on 27th October, 1989 the Commission passed an order saying that since the papers in regard to approval matter have already been returned and the matter has been sufficiently delayed, the proceedings for approval be treated to have come to an end and the records be consigned. This order has been challenged by the Committee of Management in Writ Petition No. 2862 of 1990.
(3.) ON 3rd of March, 1990 another order has been passed by the District Inspectress of Girls Schools, Varanasi directing single operation of accounts. This order is the subject matter of Writ Petition No. 6504 of 1990. Section 21 of the U. P. Secondary Education Services Commission and Selection Board Act, 1982 (U. P. Act V of 1982) (hereinafter referred to as the Act) provides that no teacher shall be dismissed or removed from service or reduced in rank and neither his emoluments may be reduced nor he may be given notice of removal from service by the management unless prior approval of the Commission has been obtained. In the instant case the proposal of the management is for dismissing the Head Mistress, who comes within the definition of a 'teacher'. In the circumstances, unless the proposal of dismissal of the Head Mistress is approved by the Commission, she cannot be dismissed from service;