- (1.) HEARD learned counsel for the parties and perused the record. This special appeal has been preferred by the appellant challenging the validity and correctness of the judgment and order dated 8.7.2008 passed in Civil Misc. Writ Petition No 35950 of 2006. Devendra Singh Versus State of U.P. and others whereby the writ petition had been dismissed. The appellant has also prayed for setting aside the order dated 3.7.2006 passed by District Inspector of Schools, Mainpuri, impugned in the writ petition aforesaid wherein it has been stated that as the panel which selected the appellant has been cancelled in pursuance of the decree dated 10.4.1991 passed by the learned Civil Judge, Mainpuri in suit no. 103 of 1990 filed by Raghubir Singh, the appointment of the petitioner would not be in accordance with law.
(2.) THE brief facts of the case are that Dayanand Inter College, Ghiror, Mainpuri is receiving grant-in-aid from the Government and is placed on the list of aided-college. THE appellant was selected and appointed as Assistant Teacher in the college where he had been working as such. It appears that an advertisement for the post of Principal was advertised under the U.P. Secondary Education Service Commission Act, 1982. THE appellant applied for the post and was selected. His name was also recommended by the Commission by letter dated 20th December, 1984 for the post of principal. Pursuant thereof the DIOS issued order dated 9th of January, 1985 directing the Manager of the College for issuing appointment letter in favour of the appellant appointing him as duly selected principal of the Institution but before any action could be taken by the Management, the Manager of the college Sri Raghubir Singh preferred Civil Misc. Writ Petition No.13988 of 1984 challenging the advertisement for the post of principal against which the appellant had applied for. An interim order was also granted by the Court on 9.10.1984 directing that selection for the post of principal by the Commission may be held but appointment letter shall not be issued. THE interim order dated 9.10.1984 reads thus: " Learning standing counsel prays for and is granted three weeks' time for filing counter affidavit. List the petition for admission immediately on the expiry of three weeks. Meanwhile, whereas in pursuance of the impugned advertisement issued on 23rd June, 1984 selection may be held, the respondent no.3 shall not issue any letter of appointment to the persons selected till further order." The writ petition filed by Sri Rajendra Singh aforesaid was thereafter dismissed as withdrawn vide order and judgment dated 16.12.89 vacating the interim order dated 9.10.1984. After dismissal of the writ petition, the appellant again applied for joining which was refused by the Committee of Management. Aggrieved, the appellant preferred Civil Misc. Writ Petition No.21150 of 1990 for relief with regard to payment of salary w.e.f. 15.5.1990 of the post of principal. Consequent to the dismissal of Writ Petition No.13988 of 1984 the appellant moved an application dated 21.12.89 to the District Inspector of Schools, Mainpuri requesting him for issuance of appointment letter to the appellant in view of the selection made by the Commission. The District Inspector of Schools by his letter dated 23.12.1989 directed the Committee of Management for appointing the appellant but no appointment letter was issued to him by the Management. This compelled the appellant to make a complaint against the Committee of Management to the DIOS. The DIOS again issued letter dated 27.2.1990 to the Committee of Management for taking appropriate action in the matter pursuant to the selection of the appellant on the post of principal but even then the appellant was not appointed. Aggrieved, the appellant moved a representation dated 13.3.1990 to the Regional Director of Education, Agra Region, Agra who vide his letter dated 15.5.90 directed the Committee of Management to pay salary of the appellant from the date of issuance of appointment letter to him. Even then the appellant was neither appointed as principal nor the salary of the said post was paid to him. It appears that Committee of Management Dayanand Inter College, Ghiror, Mainpuri through its Manager Sri Raghubir Singh filed Suit No.103 of 1990, Committee of Management Dayanand Inter College, Ghiror, Mainpuri through its Manager Sri Raghubir Singh and others versus State of U.P. and others, for issuance of permanent injunction to restrain the respondents from appointing the principal selected for the institution by the Commission pursuant to letter no.17-738-41/84-85 dated 9.1.1985 as it has become a nullity and has lost its effect after a period of one year. This suit was filed on the ground that rule 7 sub- clause (2) of U.P. Secondary Education Service Commission Rules, 1981 provides that selected list will remain effective only for a period of one year. Since the appellant was selected candidate by the Commission for the post of principal in the institution, he moved the Court in suit proceedings by means of an impleadment application which was rejected. The suit was thereafter, decided vide order and judgment dated 10.4.1991 in which the appellant was not made a party by the Committee of Management nor his impleadment application was allowed by the Court.
(3.) IT appears that the Committee of Management, however, appointed the appellant as principal of the college vide order dated 19.6.2006 in view of the directions issued in various proceedings. Consequently, the appellant claims to have joined the post of principal of the college on 30.6.2006 pursuant to the aforesaid appointment letter dated 19.6.2006. Thereafter, the Committee of Management appears to have sent a letter to the DIOS requesting him for attesting the signatures of the appellant as principal to enable him to discharge financial and administrative duties in accordance with law while working on the post of principal of the college. The DIOS vide his order dated 3.7.2006 declined to attest the signatures of the appellant on the ground that appointment of the appellant as principal of the college would be illegal in view of the judgment rendered by the Civil Judge, Mainpuri dated 10.4.91 in Suit No.103 of 1990. The order dated 3.7.2006 read thus- ...[VERNACULAR TEXT OMITTED]... Aggrieved, the petitioner moved this Court by means of Writ Petition No.35950 of 2006, which has been dismissed by the learned Single Judge vide order and judgment dated 8.7.2008. Aggrieved, the appellant has preferred this special appeal. The judgment and order of the learned Single Judge dated 8.7.2008 reads thus:- "The petitioner has prayed for the quashing of the order dated 3rd July, 2006, passed by the District Inspector of Schools, whereby the District Inspector of Schools had refused to accede to the request of the Committee of Management to appoint the petitioner as the principal of the institution. Before coming to the facts of this case, it is essential to narrate a brief history, which led to the filing of the present writ petition. It transpires that the petitioner was a teacher in L.T. Grade and a post of principal was advertised under the U.P. Secondary Education Service Commission Act, 1982, in which, the petitioner applied, and by a letter dated 20th December, 1984, the Commission recommended the name of the petitioner as the principal of the institution. Based on the said recommendation of the Commission, the District Inspector of Schools issued an order dated 9th January, 1985 directing the Manager of the institution to issue an appointment letter. It transpires that before any action could be taken by the management, one Rajendra Singh filed Writ Petition No. 13988 of 1984 against the said advertisement, and an interim order was issued directing that the selection may go on, but no appointment letter should be issued. This writ petition was subsequently withdrawn on 16th December, 1989, and after its dismissal, the petitioner again applied for joining, which was refused by the Management. Consequently, Writ Petition No. 21150 of 1990 was filed by the petitioner praying that he should be paid salary w.e.f. 15.5.1990 on the post of principal.;