R. A. Sharma, J. - (1.) JANTA Uchchatar Madhyamik Vidyalaya, Nagla Birkhu, Aligarh (hereinafter referred to as the college) is an Intermediate College and has been recognised under U. P. Intermediate Education Act (hereinafter referred to as the Act). The college has a scheme of administration in accordance with Sec. 16-A of the Act.
(2.) RESPONDENT no. 5 Sri Rajvir Singh Verma is the acting principal of the college. He was suspended by the committee of management of the college by the resolution dated 9-10-1988 and this suspension order is said to have been approved by the District Inspector of Schools on 6-12-1988. It is further alleged that services of the respondent no. 5, Sri Rajvir Singh Verma were terminated by the committee of management on 8-12-1988. According to the scheme of administration of the college the term of the committee of management is three years and if newly elected committee of management does not take charge within one month after the expiry of three years, the term of the old committee of management shall come to an end, Clause 7 of the scheme of administration of the college further provides that after expiry of three years and one month Regional Deputy Director of Education shall appoint 'Prabandh Sanchalak', who will have full power of management. As the term of the committee of management has expired and no new committee was elected, the Regional Deputy Director of Education appointed a 'Prabandh Sanchalak' in exercise of his power under clause 7 of the scheme of administration of the college and the college is under the control of the said 'Prabandh Sanchalak'. 'Prabandh Sanchalak' vide his order dated 6-9-1989 has revoked the order of suspension and also the order of termination of the services of respondent no. 5.
(3.) THE petitioner is a teacher in the college and claims to have been appointed by the committee of management as acting principal after the suspension of respondent No. 5. He has challenged the order dated 6-9-1989, passed by the 'Prabandh Sanchalak' by means of this writ petition. The grounds on which the order dated 6-9-1989 has been challenged by the petitioner are (i) that 'Prabandh Sanchalak' does not have the power of management as he is appointed for holding election of the committee of management only, and as such cannot revoke the orders of suspension and termination of service of respondent No. 5, and (ii) after the orders of suspension and termination have been passed, they cannot be reviewed.;