- (1.) The petitioner has preferred this writ petition for issuance of a writ of certiorari quashing the order dated 29th March, 1997 passed by the respondent no. 2/ Deputy Director of Education (Secondary), Fourteenth Region, Azamgarh and consequential order dated 10th April, 1997 passed by the respondent no. 1/ District Inspector of Schools, Jaunpur whereby respondent no. 5 has been adjusted as Assistant Teacher and consequent upon, petitioner's services stood terminated.
(2.) The basic facts pertinent to the issue in question are as follows: Janta Inter College, Zafrabad, District Jaunpur (for short the "Institution") is a recognised institution, wherein education is imparted upto the level of Intermediate standard. It receives aid out of State fund. The provisions of the Uttar Pradesh Intermediate Education Act, 1921, the Regulations framed thereunder and the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 are applicable to the institution. The institution is established by a society and its affairs are administered by the respondent no. 3, i.e. the Committee of Management, in terms of the provisions of the aforesaid Acts. A primary section is also attached with the institution. Sri Ashok Kumar Singh, an Assistant Teacher of the institution, died on 27th June, 1995. At that point of time Prabandh Sanchalak was managing the affairs of the institution. It is noteworthy that Accounts Officer in the office of the District Inspector of Schools was appointed as Prabandh Sanchalak of the institution. He issued an advertisement inviting applications for appointment against the said post. It is stated that in pursuance of the said advertisement the petitioner submitted his application and he was found suitable for being appointed against the said post. Prabandh Sanchalak issued an appointment letter to the petitioner on 15th February, 1997. A copy of the appointment letter is on the record as Annexure-3 to the writ petition. Accordingly, the petitioner joined the post in question on 17th February, 1997. Prabandh Sanchalak sent all the relevant papers to the District Inspector of Schools for his approval. On 28th February, 1997 the District Inspector of Schools accorded his approval to the appointment of the petitioner. It is stated that the petitioner was paid his salary for the month of February, 1997. However, to the utter shock of the petitioner, he received an order dated 10th April, 1997 issued by the District Inspector of Schools terminating the services of the petitioner. The order of the District Inspector of Schools recites that said decision has been taken in compliance of the order of Deputy Director of Education, XIV Region, Azamgarh dated 29th March, 1997, whereby the Deputy Director of Education has allowed the representation of respondent no. 5 i.e. Sri Ram Sirohan Singh, an untrained Teacher, and adjusted him against the post of Sri Ashok Kumar Singh, who died on 27th June, 1995. It has further been mentioned in the order that approval of the petitioner's appointment dated 28th February, 1997 was obtained by the Authorized Controller by concealment of facts. Said order dated 29th March, 1997 is stated to have been passed in compliance of the order of the High Court. A copy of the order of the District Inspector of Schools dated 10th April, 1997 is Annexure-9 to the writ petition. The petitioner has also brought on record the order of the Deputy Director of Education dated 29th March, 1997 as Annexure-10 to the writ petition. From a perusal of the order of the Deputy Director of Education dated 29th March, 1997 it is evident that he had passed the order in compliance of the order of this Court dated 10th November, 1993 passed in Writ Petition No. Nil of 1993 filed by the respondent no. 5. Feeling aggrieved by the aforesaid two orders dated 29th March, 1997 and 10th April, 1997, the petitioner has approached this Court by means of the present writ petition.
(3.) Respective counter affidavits have been filed on behalf of respondent no. 1/ District Inspector of Schools, respondent no. 3/ Committee of Management of the institution, and respondent no. 5/ Sri Ram Sirohan Singh, the private respondent.;