Gur Sharan Lal, J. - (1.) Kumari Prem Lata Misra filed this writ petition on 6-11-1970 as an assistant teacher (under suspension) in the Basic section of Colvin Taluqdar's College, Lucknow. She had been working as such since July, 1961. There was some trouble between her and the Principal or the other teachers and the matter went up before the Managing Committee as well. The petitioner received the communication enclosed to the petition as Annexure 13 from Sri Sripat, Commissioner, Lucknow Division (Opposite Party No. 1 to the petition) who is said to be the President of the Managing Committee of the College informing the petitioner that she would be suspended with effect from 20-6-1970 and that a charge-sheet containing charges would follow in due course. This communication is dated August 13/19, 1970. She ultimately filed the writ petition as aforesaid, praying for quashing by the issue of writ of certiorari the suspension order and also for issue of a writ of mandamus directing the Opposite Parties to pay her full salary and emoluments and to allow her to function as an assistant teacher. Her services were terminated by the Managing Committee as communicated to by the principal through Annexure 16 dated 7/17th November, 1970. The petitioner thereupon got the writ petition amended and added certain paragraphs therein as also the further relief of quashing the order of termination of her services contained in Annexure 16 and for the payment of her full salary and emoluments till the decision of the writ Petition.
(2.) In the writ petition she has arrayed as Opposite Parties Shri Sripat, President of the Managing Committee of the College, Shri H. L. Dutt, Principal of the Colvin Taluqdar's College, Smt. M. Seely, Head Mistress of Basic Section of the College, and the Committee of Management of the College. Originally she had arrayed as Opposite Party No. 1 the Colvin Taluqdar's College itself but when she amended the writ petition she got the College deleted from the array of Opposite Parties.
(3.) On the petition coming up for hearing a preliminary objection was raised by the learned counsel appearing for the Opposite Parties and it was decided to hear the learned counsel for parties on that preliminary objection first. The objection is twofold. The first part is to the effect that the petition is not maintainable in the absence of impleadment of Colvin Talusdars College which is the registered society and with which the Opposite Parties are said to be connected. The second part is that the writ petition is not maintainable because the Opposite Parties do not function under any statutory provisions nor are they public bodies. It may be stated here that Shri Sripat has been impleaded not as Commissioner of the Lucknow Division, but as President of the Managing Committee of the College, which office he no doubt occupies by reason of his being a Commissioner. He is the person who passed, or at any rate communicated, the order of her suspension through Annexure 13. Opposite Party No. 2, the Principal and Opposite Party No. 3, the Head Mistress, had been impleaded in their personal capacities, and the Managing Committee has been newly impleaded because of the order of termination having been passed in pursuance of its decision.;