N.U.BEG, J. - (1.) THIS is a special, appeal arising out of a petition preferred by Sri Durga Gita Vidyalaya Association, which is a society registered under the Societies Registration Act (Act No. XXI of 1860). Besides other educational institutions the appellant runs and maintains a school known as Sri Durga Gita Vidyalaya Higher Secondary School, Lucknow. Sri Ram Singh Kotwal is the Secretary and Manager of the said School. Dr. Shyam Lal Pandey was appointed as the Principal of the school under an agreement entered into between the Managing Committee of the school and the said Principal. This agreement is dated the 13th January 1952, and is Annexure 2 in this case. Under Clause 7 of the agreement the Manag -ing Committee had the power to dismiss the Principal in case the latter was found guilty of insubordination, deliberate neglect of duty or any other serious misconduct. Under Clause 10 of the agreement the Managing Committee had also the power to terminate the agreement with the approval of the Inspector of Schools. In the year 1958 the Principal's conduct was considered to be unsatisfactory by the Managing Committee. Accordingly Sri R. S. Kotwal, the Manager and Secretary of the School passed an order suspending him from the 15th September 1958, (vide Annexure 3). On the 21st September, 1958 charges were framed against the Principal by the Managing Committee. Annexure 4 is the charge -sheet. On the 27th October, 1958, certain additional charges were framed against him. Annexure 5 is the charge -sheet showing additional charges. On the 19th October, 1958, a subcommittee of four members and one convenor was appointed by the Managing Committee to enquire into the charges framed against the Principal and to give its report thereon. On the 26th January. 1959, this sub -committee submitted its report holding that the charges against the Principal were proved - This is Annexure 6. All the members of the committee except one appended their agreement to this report. Only one member recorded anote of dissent. This note of dissent contained in Annexure 7 dated 27th January, 1959. On the 11th February, 1959, the Managing Committee passed a resolution terminating the agreement if the Inspector gave his consent to it; and, in the alternative, dismissing the Principal In case it was not possible to obtain the approval of the Inspector. The case of the petitioner was thait the Inspector was approached for the purpose of obtaining his approval, but he refused to give the same. The Managing Committee, accordingly, dismissed the Principal on the 8th March, 1959 in accordance with its resolution dated the 11th February, 1959.
(2.) IT appears that the Principal, after having received the order of dismissal, made certain representations to the Educational authorities, as a result of which the District Inspector of Schools addressed a letter dated the 10th March, 1959, to the Manager of the Sri Durga Gita Vidyalaya drawing his attention to the fact that the action of the Managing Committee in dismissing the Principal was ultra vires the provisions of Section 16 -G (3) (a) of the Intermediate Education (Amendment) Act, 1958. This letter further stated that under the said provision of law the prior approval in writing of the Inspector of Schools was necessary before the Principal could be dismissed; and, as no such prior approval of the Inspector of Schools was obtained in this case, the Order Of dismissal was inoperative and invalid. This letter is Annexure 12. On the 9th April, 1959, the Managing Committee preferred an appeal against the said direction of the Inspector of Schools to the Regional Appellate Committee, Lucknow Region (vide Annexure 17). On the 2nd July, 1959, the Joint Director of Education wrote a letter to the Manager, Sri Durga Vidyalaya, requesting the latter to cancel the order of dismissal and reinstate Dr. Pandey immediately on his post. This letter further contained an intimation that an case it was not done, the grant -in -aid which was being given to the school would be suspended. (Vide Annexure 18). Subsequently, the Deputy Director of Education wrote another letter dated August 8/10, 1959. to the Manager, Sri Durga Gita Vidyalaya, informing him that there being no order of approval in the present case, the matter could not be decided by the Regional Appellate Committee.
(3.) ON the 29th October, 1959, the petition out of which the present appeal arises was filed by Sri Durga Gita Vidyalaya Association through Sri Ram Singh Kotwal, Secretary and Manager, Sri Durga Gita Vidyalaya Higher Secondary School, Babuganj, Lucknow, stating the above facts and praying for the grant of a writ of certiorari quashing the order of the District Inspector of Schools dated the 10th March, 1959, and also the order of the Deputy Director of Education dated August 8/10, 1959, preventing the decision of petitioner's appeal by the Regional Appellate Committee. It was further prayed that a writ of mandamus or a direction or order in the nature of mandamus be also issued against opposite parties Nos. 2 to 4 not to interfere with the enforcement of the said order of dismissal against the opposite party No. 5 by thepetitioner under Clause 7 of the agreement. Oppo -site -party No. 1 in the said petition was the State of Uttar Pradesh; opposite -party No. 2 was the Joint Director of Education, Uttar Pradesh, Allahabad; opposite -party No. 3 was the Deputy Director of Education, V. Kegion, Lucknow, opposite -party No. 4 was the District Inspector of Schools, Luck -now, and opposite -party No. 5 was Dr. Shyam Lal Pandey, the ex -Principal of Sri Durga Gila Vidyalaya Higher Secondary School Lucknow.;