COMMITTEE OF MANAGMENT, SHRI NARANG SANSKRIT MAHA VIDYALAYA Vs. DIRECTOR OF EDUCATION
LAWS(ALL)-2012-8-222
HIGH COURT OF ALLAHABAD
Decided on August 22,2012

Committee Of Managment, Shri Narang Sanskrit Maha Vidyalaya Appellant
VERSUS
DIRECTOR OF EDUCATION Respondents

JUDGEMENT

- (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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