K.C.Agrawal, J. - (1.) This petition under Article 226 of the Constitution has been filed by Dr. Ramji Dwivedi challenging the order of the District Inspector of Schools, Ballia, dated 1st May, 1981 intimating the Manager of the Committee of Management of Shrinath Intermediate College, Garhmalpur Sahulie, district Ballia that as the appointment of the petitioner on the post of Principal had been made in contravention of the Government order No. 1701 /15-7- FI-1 (27)/81 dated 7-4-81, his appointment on the said post was invalid.
(2.) The facts as stated in the writ petition are these. On 18th May, 1980, advertisement was made in Hindi Daily Bhirgu Chetna inviting applications for appointment on the post of Principal of Shrinath Intermediate College, Garhmalpur Sahulayee, district Ballia by the Manager of the Committee of Management of the aforesaid College. In pursuance of this advertisement, the petitioner filed an application seeking his appointment on the said post. The interview of the petitioner was held on the 12th of April, 1981 by the Selection Committee which consisted of two experts - Sri Ram Dularey Tripathi, Principal, Nagrik Degree College, Jaunpur and Dr. Gauri Shanker Misra, Principal, Marihaun Degree College, Marihaun, district Jaunpur. The Committee selected the petitioner, in pursuance of which on 27-4-1981 an appointment letter was issued by the Manager to the petitioner. The information about his appointment was sent to the District Inspector of Schools who wrote the letter dated 1st May, 1981 intimating the Manager that as there was a prohibition imposed by the State Government on making appointments of teachers under an order which may be described as the Radiogram, there was no question of making appointment of the petitioner as Principal.
(3.) Challenging the aforesaid Radiogram, the petitioner's learned counsel made two submissions before us. The first was that the management had been conferred right to make appointments under the Intermediate Education Act and the Regulations framed thereunder. The said right could not be taken away by the State Government by issuing a direction prohibiting the Management to make appointments. Such a direction contained in the Radiogram amounted to breach of the right conferred on the Management. The second submission was that there was no power under the U.P. Intermediate Education Act (hereinafter referred to as the Act) under which such a prohibition could be imposed, hence the Radiogram was invalid.;