R.K.AGRAWAL, J. - (1.) SINCE both these writ petitions relate to the appointment as officiating Principal in Adarsh Inter College, Sarai Akil District Kaushambi, they have been heard together and are being decided by the common judgment.
(2.) CIVIL Misc. Writ Petition No. 13463 of 2003 has been filed by Shanker Dayal Tripathi seeking a writ, order or direction in the nature of certiorari quashing the order dated 12th March, 2003 passed by the District Inspector of Schools, Kaushambi, respondent No. 2, filed as Annexure 11 to the writ petition, and the order dated 20th March, 2003 passed by the Joint Director of Education, IV Region, Allahabad, filed as Annexure 12 to the writ petition and other consequential reliefs whereas Civil Misc. Writ Petition No. 46966 of 2003 has been filed by Jai Shanker Dubey seeking a writ, order or direction in the nature of certiorari quashing the order dated 29th August, 2003 passed by the District Inspector of Schools, Kaushambi, respondent No. 3, filed as Annexure 24 to the writ petition and other consequential reliefs. Briefly stated, the facts giving rise to Civil Misc. Writ Petition No. 13463 of 2003 are as follows: In the district of Kaushambi there is an Intermediate College, known as Adarsh Inter College (hereinafter referred to as the College). It is a recognised College and is governed by the provisions of the U.P. Intermediate Education Act, 1921. It is an aided institution and the provisions of the U.P. High Schools and Intermediate Colleges (Payment of Salaries to Teachers and other Employees) Act, 1971, are applicable. The Committee of Management of the College has been superseded and an Authorised Controller has been appointed to look after and manage the affairs of the College. In the seniority list of teachers published by the College, Sada Nand Lal Srivastava has been placed at serial No. 1, Jai Shanker Dubey at serial No. 2 and Shanker Dayal Tripathi, i.e., the present petitioner, at serial No. 3. Sri Onkar Nath Misra, Principal of the College, died on 19th November, 2002 and, therefore, a short term vacancy on the post of the Principal arose. An ad hoc/officiating Principal was sought to be appointed under the provisions of the U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as the 1982 Act). The Authorised Controller notified the vacancy to the U.P. Secondary Education Services Selection Board in accordance with sub -section (1) of Section 10 of the 1982 Act. As the U.P. Secondary Education Services Selection Board could not make any selection, the District Inspector of Schools vide letter dated 10th January, 2003 asked the Authorised Controller to send the name of the seniormost Teacher for being appointed as acting Principal in order to avoid any administrative problem. The Authorised Controller forwarded the name of Sada Nand Lal Srivastava for being designated as officiating Principal in the College, Jai Shanker Dubey also gave an application before the District Inspector of School claiming his right to be appainted as afficiating principal. The District Inspector of Schools, vide letter dated 20th January, 2003, referred the matter to the Joint Director of Education. During the pendency of the dispute as to who should be designated as officiating Principal, the District Inspector of Schools vide order dated 22nd February, 2003, directed the Authorised Controller to appoint some body else as officiating Principal as the dispute between the two seniormost teachers is pending. The Authorised Controller recommended the name of the present petitioner for being appointed as purely officiating Principal. The District Inspector of Schools approved the appointment of the present petitioner as purely officiating Principal and attested his signatures on 28th February, 2003. It may be mentioned here that the Authorised Controller has recommended the name of the present petitioner for appointment as officiating Principal looking to the urgent requirement. It appears that vide order dated 12th March, 2003, the District Inspector of Schools cancelled the approval granted by him to the appointment of the petitioner as officiating Principal. It may be mentioned here that Jai Shanker Dubey, respondent No. 4 in the present petition, approached this Court by filing Civil Misc. Writ Petition No. 9516 of 2003 with a prayer that a writ of mandamus be issued directing the Joint Director of Education to decide his representation, which was disposed of vide the judgment and order 28th February, 2003 with a direction to decide his representation. Pursuant to the aforesaid direction, the Joint Director of Education vide order dated 20th March, 2003 had decided the representation and had found that Sada Nand Lal Srivastava is continuing on the basis of the benefit of the Session from 2nd July, 2002 and Jai Shanker Dubey being the seniormost Lecturer is entitled for being appointed as officiating Principal. The order dated 12th March, 2003 passed by the District Inspector of Schools and 20th March, 2003 passed by the Joint Director of Education are under challenge in the present writ petition on the ground that the order dated 12th March, 2003 had been passed without giving any show cause notice or any opportunity of hearing by the District Inspector of Schools. The order dated 20th March, 2003 is being challenged on the ground that the said order has been passed without giving any show cause notice or any opportunity of hearing to the petitioner and further it is the sole discretion of the Committee of Management, in the present case the Authorised Controller to see the suitability and desirability of the seniormost teacher to be appointed as officiating Principal in the College and in the absence of any resolution by the Committee of Management (Authorised Controller), the Joint Director of Education could not have accepted the claim of Jai Shanker Dubey only on the ground that he is the seniormost Lecturer in the College.
(3.) IN Civil Misc. Writ Petition No. 46966 of 2003 the facts are that after the order dated 20th March, 2003 was passed by the Joint Director of Education, the District Inspector of Schools attested the signatures of Jai Shanker Dubey (the petitioner herein) vide order dated 20th March, 2003. The Authorised Controller was subsequently changed by the District Magistrate vide order dated 26th March, 2003 and now Sri Mata Pher, Sub -Divisional Magistrate, Chail, Allahabad was appointed in place of Sri Ram Singh. The petitioner started functioning and it is alleged that the salary bills for the months of February to August 2003 were sent under his signatures. The Authorised Controller initiated some enquiry against the petitioner but vide order dated 18th April, 2003, it has been dropped. It may be mentioned here that this Court had passed an interim order on 1st April, 2003 in Civil Misc. Writ Petition No. 13463 of 2003, filed by Shanker Dayal Tripathi, wherein the operation of the orders dated 12th March, 2003 and 20th March, 2003 were stayed. The writ petition was directed to be listed in the week commencing 12th May, 2003 and the interim order was made operative till then. A Special Appeal No. 236 of 2003 was filed challenging the order dated 1st April, 2003 but this Court declined to interfere in the discretion exercised by the learned Single Judge. The Special Appeal was dismissed vide order dated 10th April, 2003 with a direction that the writ petition itself be expeditiously disposed of finally. According to the petitioner, the interim order dated 1st April, 2003 was not extended and the application filed by Shanker Dayal Tripathi was rejected on 19th May, 2003. The second application filed on 20th May, 2003 was also rejected. However, another application was filed on 27th May, 2003 in which the interim order was extended till 8th July, 2003. On 8th July, 2003, the interim order was not extended and the application was rejected. In the meantime, according to the petitioner, the District Inspector of Schools vide order dated 28th May, 2003 had directed the petitioner to continue as Principal in the College. A Special Appeal No. 554 of 2003 was filed against the order dated 8th July, 2003 and this Court vide order dated 14th July, 2003 while directing the case to be listed on 28th July, 2003, directed for continuance of the interim order dated 1st April, 2003 till then. The Special Appeal is still pending. The said order passed by the Division Bench was extended on 28th July, 2003. In the meantime, the District Inspector of Schools issued notice dated 22nd August, 2003 which was received by the petitioner on 25th August, 2003. Vide order dated 29th August, 2003, the District Inspector of Schools had passed an order that, pursuant to the interim order passed by this Court in Special Appeal No. 554 of 2003, Shanker Dayal Tripathi is entitled to continue as officiating Principal. The order dated 29th August, 2003 is under challenge in the present writ petition. The ground of challenge is that this Court had rejected the application for extension of the stay order on 19th May, 2003, 20th May, 2003 and 8th July, 2003 and, therefore, the interim order passed on 1st April, 2003 was no longer in existence and further the order dated 29th August, 2003 has been passed without giving a reasonable opportunity of hearing as the petitioner was not allowed to put up his case.;