JUDGEMENT
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(1.) THIS writ petition has been filed by the petitioner challenging the order dated
19.2.2000 by which the District Inspector of Schools, Maharajganj (DIOS) has ordered for single operation in the Institution known as Shri Narang
Sanskrit Mahavidyalaya, Ghughli, Maharajganj (the Institution).
(2.) THE Institution is duly recognized and aided and is imparting education from
the level of Prathama upto Acharya. The Institution is affiliated to the
Sampurnanand Sanskrit University, Varanasi and also received granted-in-aid
from the State Government and is governed by the provisions of the U.P.
State Universities Act, 1973.
The contention of the petitioner is that the respondent no. 1 Director of
Education, Shiksha Samanya 2 Vistar Anubhag, Allahabad by his letter dated
25.5.1995 sanctioned different posts in the Institution and also directed for making appointment in the Institution with the approval of the Vice
Chancellor of the University. In terms of the said order and direction,
appointments were made in the Institution on 30.11.1995, which were also
approved by the Vice Chancellor of the University, Annexure-1 to the writ
petition, is the list of 8 teachers. These 8 teachers were accordingly given
appointment on 10.12.1995 and they were working as such in the Institution.
Their salaries have also been duly paid from time to time. It is further stated
that without any notice or reason the payment of salaries of the teachers has
been suspended by the State Government and therefore, the teachers filed writ
petitions no. 48351 of 1999 and 48352 of 1999. These writ petitions were
disposed of by this Court on 18.11.1999 with a direction to the DIOS to
decide the representation of the petitioners-teachers in accordance with law
within a period of three months.
(3.) THE contention of the petitioner further is that all of sudden an order has been
passed on 13.1.2000 whereby a direction has been given by the DIOS to lodge
an FIR against the Committee of Management of the Institution on the ground
that for the 8 teachers, who were appointed in the Institution, there was no
approval by the Vice Chancellor and, therefore, these appointments have been
fraudulently made and salaries have been paid to them illegally. The said
order dated 13.1.2000 was challenged by the petitioner in writ petition no.
4613 of 2000 and on 4.2.2000 this Court issued notices to the parties and also stayed the operation of the impugned order to the extent regarding direction
for lodging of the F.I.R. but directed that other proceedings may go on.;
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