Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the records.
(2.) THIS petition has been filed by the petitioner against the order dated 1.12.1998, passed by the Committee of Management, Lala Man Mohan Das Inter College, Jhunsi, Allahabad. By the aforesaid order the Committee of Management had taken the decision for recovery of the salaries and others emoluments drawn by the petitioner from the department during the period he was admitted as regular student from Lala Man Mohan Das Inter College affiliated to the Sampurnanand Sanskrit University, Varanasi as a regular candidate. The petitioner claims himself to be Acharya and B.Ed. from the Sampurnanand Sanskrit University, Varanasi, which is the educational qualification for the appointment on the post of Lecturer in the College. The petitioner was appointed as C.T. Grade Teacher in Lala Man Mohan Das Inter College, Jhunsi, Allahabad in 1969 and was promoted to L.T. grade teacher in 1986. The college is running under provisions of U. P. Intermediate Education Act, 1921 applied the contention of the petitioner is that he obtained the degree of Acharya in 1988 and information in this regard was given by him to the Principal of the College, when the post of Lecturer in Sanskrit fallen vacant permanently due to retirement of the then Lecturer Sri Ram Chandra Upadhayay on 30.6.1995. The petitioner moved an application to the manager of the said college for promotion as Lecturer on the grounds that he was only L.T. grade teacher qualified for the post.
(3.) IT appears that the management notified a post of Lecturer in Sanskrit for appointment by direct recruitment. He also moves an application to the management and when he did not receive a favourable response, petitioner moves an approach to District Inspector of School. A letter dated 11.12.1997 was written by the District Inspector of School directing the management to take action on the application of the petitioner but inspite of aforesaid letter he alleges that the college did not take any action compelling the petitioner to file Writ Petition No. 44493 of 1998 before this Court. A prayer was made in the aforesaid petition for issuance of a writ of mandamus directing the respondent, the Committee of Management, to promote the petitioner under the quota. This petition was disposed of with a direction to the Committee of Management to consider the claim of the petitioner. It is alleged by the petitioner that the Committee of Management have become prejudiced against him and passed a resolution as well as writing a letter to Deputy Director of Education (R) alleging the irregularities against the petitioner regarding permission and leave for appearing in the examination of Shashtri in the year 1983 and Shiksha Shashtri in the year 1986 and further by this letter the Committee of Management have sought guidance from the Deputy Director of Education (R) for recovery of the salary paid to the petitioner during the period of examination of Shashtri and Shiksha Shashtri, the present writ petition has been filed.;