K.C.Agrawal, V.K.Khanna, JJ. - (1.) Having heard counsel for the petitioner, we are unable to find any merit requiring our interference. The petitioner's claim is that he had been appointed as a teacher in the Shri Nath Sanskrit Mahavidyalaya, Rasra, Ballia, which was affiliated to Sampurnanand Sanskrit Vishwavidyalaya, Varansi and was, thereafter, confirmed on the said post. The petitioner says that an account of the pending dispute between the two sets of Committee of Management, the petitioner is not being paid the salary. In that connection, counsel urged that the Deputy Director of Education had a statutory obligation under Section 60-D of U. P. State Universities Act to direct for the payment of salary since the Deputy Director-of Education is also not taking interest in the matter, the petitioner is entitled to a writ of mandamus directing the Deputy Director of Education to consider his request.
(2.) We are of opinion that in the present case the remedy of the petitioner lies in filing the suit. He may, however, also approach the Deputy Director of Education with a fish representation and request him for necessary instructions being issued to the Committee of Management. If such a representation is trade, the Deputy Director of Education will consider whether the petitioner is entitled for salary. If he is satisfied, we have no doubt that the direction would be made for the payment of the same,
(3.) Subject to the above, the writ petition is dismissed summarily.;