R.A.Sharma, J. - (1.) Petitioner has filed this writ petition for a writ of mandamus directing the respondents to hand-over the charge of Principal of Vidyawati Darbari Girls Inter College, Lnkerganj, Allahabad (hereinafter referred to as college), to her and pay her salary of ad hoc Principal with effect from 1-7-1989.
(2.) Petitioner and respondent No. 2 Dr. Asha Saxena, are working as lecturer in the college. After retirement of regular Principal of the college on 30-6-1981, the petitioner was appointed as acting Principal on 1-7-1989. This order appointing the petitioner as acting Principal, was challenged by the respondent No. 2 before this court by means of writ petition No. 12164 of 1989. Prayer in the aforesaid writ petition filed by respondent No. 2 is reproduced below : (i) a writ, order of direction in the nature of a writ of mandamus commanding the respondents to appoint the petitioner as the officiating Principal of the college, i. e. Vidyawati Darbari Girls Inter College, Allahabad and further to continue to pay her salary of the officiating Principal with all consequential benefits : (ii) a writ, order or direction in the nature of certiorari quashing the impugned order appointing respondent No. 1 as officiating Principal of the institution as also the directions dated 28-6-1989 issued by the Regional Inspectors of Girls Schools, IVth Region, Allahabad ' (iii) any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case ; (iv) award costs of the petition to the petitioner." In the writ petition this court on 5-7-1989 passed the following interim order permitting the management of the college to make appointment of the acting Principal on merit in accordance with law : "Issue notice. Until further orders the Committee of Management, the Respondent No. 4 shall make an appointment of an acting Principal of the Institution concerned on merits and in accordance with law and in disregard of the directions dated 28-6-1989 issued by the Regional Inspectress of Girls Schools, IV Region Allahabad." In pursuance of the aforesaid interim order the Manager of the college passed an order dated 6-7-1989 appointing respondent No. 2 as acting Principal. Copy of this order has been filed as Annexure-2 to the counter-affidavit. It appears that in pursuance of the aforesaid order dated 6-7-1989 the petitioner was required to hand over the charge and as such she filled writ petition No. 12388 of 1989, before this court and an interim order was passed by this court restraining the respondents from interfering with the working of the petitioner as acting Principal. Both the writ petitions were referred to the Full Bench and Full Bench by its judgment dated 13-4-1990 since reported in (1990) 1 UPLBEC 516 (FB)1 allowed the writ petition No. 12164 of 1989, of the respondent No. 2. The writ petition filed by the petitioner was dismissed. As one of the respondents in writ petition of respondent No. 2 was not served, an application for recalling the aforesaid judgment of the Full Bench was made by the unserved respondent. Full Bench was again constituted and the aforesaid decision of Full Bench dated 13-4-1990 was recalled and in view of new material placed before this court, the writ petition of respondent No. 2 was dismissed and writ petition, filed by petitioner was allowed on 19-12-1990 since reported in (1991) 1 UPLBEC 250 (FB)] by the Full Bench. The management of the college and respondent No. 2 filed Special Leave Petition before Supreme Court, which have been dismissed by order dated 24-1-1991, copy of which has been filed as annexure-2 to the writ petition.
(3.) Consequence of the first decision dated 13-4-1990 of the Full Bench was that petitioner was removed from the office of acting Principal and in her place the respondent No. 2 was given the charge of acting Principal. As mentioned before, the decision of Full Bench dated 13-4-1990 (supra) has been reversed by Full Bench of December 19, 1990 (supra) with the result that writ petition of respondent No. 2 was dismissed and writ petition of the petitioner was allowed. Natural consequence of the second decision of Full Bench dated 19-12-1990 is that the order appointing petitioner as ad hoc Principal with effect from 1-7-1989 stands and the office of acting Principal is liable to be restored to the petitioner. Accordingly the petitioner had represented before the management of the college for permitting her to work as acting Principal in place of the respondent No. 2, Regional Inspectress of Girls Schools, Allahabad, also vide her order dated 1-1-1991 directed the management of the college to hand over the charge of the post of acting Principal to the petitioner in pursuance of the decision dated 19 12-1990 of the Full Bench. In spite of the request made by the petitioner and the aforesaid order of Regional Inspectress of Girls Schools, the management did not permit the petitioner to work as acting Principal, Petitioner has accordingly filed this writ petition for a writ of mandamus directing the respondents to hand-over the charge of ad hoc Principal of the college and to pay by salary of the post of Acting Principal with effect from 1-7-1989.;