Ravi S. Dhavan, J. - (1.) Keshav Prasad Mishra is the Principal of Chandrlka Uchchtar Madhyamik Vidyalaya, Noma, district Deoria By this petition he has challenged the order dated 25th January, 1993 (Annexure-8 to the writ petition), which, according to him, has been passed by Ram Pravesh Singh, Manager of the Institution aforesaid The contention in the petition is that there is no resolution of the Committee of Management to sustain the order of termination as has been passed on that there is no prior approval of the respondent No 1, District Inspector of Schools, Deoria, this, there is an additional reason for this order being held as illegal
(2.) At the stage of the admission of this petition, another writ petition was filed by the Committee of Management on which separate orders have been passed, thus, caveat has been entered on this petition also, in effect, by the Committee of Management. Mr. V.K. Shukla, Advocate has contended, claiming to be on behalf of the Committee of Management that the papers on the action of terminating the services of the petitioner have been forwarded to the Commissioner under Section 21 of the U P. Secondary Education Services Commission Act This Court has examined Section 21. The order of termination does not take effect "unless prior approval has been obtained". Thus, as the Commission has yet to approve or disapprove on the action of the Committee of Management, terminating the services of the petitioner. This Court, thus, refrain comments on the termination of the services of the petitioner.
(3.) Further, the petition virtually challenges the action of the management as opposed to a state action. Thus, unless the question of the approval or the disapproval as has been contemplated under Section 21 happens and depending who is aggrieved, no certiorari nor a mandamus can issue, as prayed and to that extent this writ petition is premature as no writ under the circumstances can issue to a person who is not the state.;