R.K. Agrawal, Kashi Nath Pandey, JJ. - (1.) BOTH these special appeals arise out of the judgment and order dated 8.10.2010 passed by the learned Single Judge whereby the writ petitions preferred by the Appellant have been dismissed.
(2.) BRIEFLY stated the facts giving rise to the present appeals are as follows: J.L.M. Inter College, Kundarki, district Moradabad, hereinafter referred to as "the Institution" situate in the district Moradabad is a recognised and aided institution by the Government of Uttar Pradesh. It is governed by the provisions of the Uttar Pradesh Intermediate Education Act, 1921, hereinafter referred to as "the Act". The provisions of Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act. 1971, is applicable to it. The Institution advertised the post of Principal in the newspapers "Amar Ujala" and "Dainik Aaj" on 22nd May, 2008. The Appellant claiming himself to be eligible also applied for the said post of Principal in the Institution. The Selection Committee held interview on 22nd June, 2008 and recommended the name of the Appellant for appointment on the post of Principal. The recommendation was accepted by the Committee of Management and the appointment letter was issued to the Appellant on 23rd June, 2008. The appointment was approved on 2nd July, 2008 and he joined the Institution on 3rd July, 2008. However, on 23rd July, 2008, the approval granted on 2nd July, 2008 was stayed till further orders. The Appellant challenged the order dated 23rd July, 2008 by means of Civil Misc. Writ Petition No. 38067 of 2008 before this Court and vide order dated 31st July, 2008 an interim order was passed in favour of the writ Petitioner -Appellant. According to the Appellant on 12th January, 2009, the Manager of the Institution called for an explanation from him. Thereafter on 20th April, 2009 and 9th May, 2009 notices were issued to him to which the Appellant had submitted his reply on 16th May, 2009. The Committee of Management passed a resolution on 24th May, 2009 dispensing with the services of the Appellant which decision was communicated to the Appellant by the Manager vide letter dated 26th May, 2009. The decision dated 26th May, 2009 has been challenged by means of Civil Misc. Writ Petition No. 33040 of 2009.
(3.) IN the counter affidavit filed in the Writ Petition No. 33040 of 2009 it has been stated that the Appellant is a convict in a murder case on the basis of the judgment and order dated 21st April, 2009 passed in Session Trial No. 1002 of 1995 connected with other two Sessions Trials, wherein the Appellant has been convicted under Section 147, 148, 149 and 302 I.P.C. In the criminal appeal preferred by him before this Court he has been released on bail and the execution of the sentence has been stayed. It has also been stated that his selection is an outcome of fraud and manipulation. However, it was claimed that the Appellant was appointed on probation for a period of one year under Regulation 8 of Chapter III of the Regulations, framed under the Act, and in spite of notice having been given to him there had been no improvement in the functioning of the Appellant as such the Committee of Management resolved to discharge him from services.;