R.R.K. Trivedi, J. - (1.) In all the five writ petitions, the subject-matter of dispute is with regard to the office of the Head of the Institution known as 'Kishori Raman Girls inter College, Mathura, hereinafter referred to as 'college', and as common questions of law and fact are involved all the writ petitions may be decided by a common judgment. Civil Misc. Writ Petition No 632 of 1985 shall be the leading writ petition.
(2.) The facts giving rise to these writ petitions arc that the vacancy in the post of Head of the Institution arose in the year 1981 on account of the retirement of permanent Principal Smt. Gayatri Rawat. As Uttar Pradesh Secondary Education Service Commission and Selection Board Act 1982, hereinafter referred to as 'Act' had already come in force with effect from 14th July, 1981, a requisition was sent to Uttar Pradesh Secondary Education Service Commission, hereinafter referred to as 'Commission', through the authorities for recommending suitable candidates for being appointed as Head of the Institution. The Commission after following usual procedure prescribed in this regard prepared a panel of three candidates found suitable for the post and forwarded the same to the authorities concerned on 19th January, 1984. Panel recommended was as under; (1) Smt. Kusum Srivastava. (2) Smt. N. A. Zubiri. (3) Smt. Radha Tripathi. As the name of Smt. Kusum Srivastava stood at Serial No. 1 her name was intimated to the management of the college under Section 11 (3) of the Act. The management in its such issued at appointment letter on 24th February, 1984 in pursuance of which Smt. Kusum Srivastava joined the post on 25th February, 1984. However, unfortunately Smt. Kusum Srivastava died on 2nd March, 1984. Smt N. A Zubiri whose name was at the second place in the panel as recommended by the Commission then made an application before the Regional Inspectress of Girls Schools, Agra that Smt. Kusum Srivastava has died, her name may be forwarded to the management for appointment On being approached by her, the Regional Inspectress of Girls School by her order dated 12th March, 1984 directed the management to issue appointment letter in favour of Smt. N. A. Zubiri. In this order it was mentioned that panel recommended by the Commission is valid for a year under Rule 7 (2) of U. P. Secondary Education Service Commission Rules, 1983, hereinafter referred to as 'Rules' and she is entitled to be appointed. This letter gave rise to the present dispute in various writ petitions and the suits as the management disagreed with the approach of the department and resisted the appointment of Smt. N. A Zubiri The facts mentioned above, remaining at the base certain other facts which are not common to the aforesaid writ petitions, are being mentioned separately : 1. Civil Misc. Writ Petition No. 4127 of 1984. This writ petition was filed by Smt. Nirmala Saxena for quashing the order dated 12th March, 1984, Annexure-4 to the writ petition, passed by Regional Inspectress of Girls Schools by which the management was directed to issue appointment order to Smt. A. N Zubiri, respondent No. 3. in this writ petition. It was contended that after death of Smt. Kusum Srivastava on 2nd March, 1984, the Committee of Management passed a resolution on 10th March, 1984 and appointed her as officiating Principal and she is entitled to function. It was contended that the Panel recommended by the Commission exhausted on appointment of Smt. Kusum Srivastava and respondent No. 3 could not be legally appointed. A Division Bench by its order dated 16th Match, 1984 suspended the operation of the order dated 12th March, 1984 However, after exchange of counter and rejoinder affidavits the interim order was vacated by learned Single Judge on 4th December, 1984. It is not disputed that Smt. Nirmala Saxena petitioner, in this writ petition, retired on 30th June, 1989 and in this way she is now out of contest. 2 Civil Misc. Writ Petition No. 632 of 1985. This writ petition has been filed by Kishori Raman Siksha Samiti, Mathura, hereinafter referred to as 'Management for quashing the order dated 12th March, 1984 passed by Regional Inspectress of Girls Schools which is Annexure-1 to the writ petition and also for quashing the order dated 16th January, 1985, Annexure-6 to the writ petition, passed by Regional Deputy Director of Education, Agra directing the Management to issue appointment letter to Smt. N. A. Zubiri, respondent No. 5 to the writ petition and to pay her salary as Principal under Section 17 (2) of the Act. The order dated 21st January, 1985 Annexure-8 to the writ petition, passed by District Inspector of Schools, Mathura, by which the Management was asked to comply with the order dated 16th January, 1985 passed by Regional Deputy Director of Education, mentioned above has also been challenged. The writ petition was admitted by Division Bench on 25ih January, 1985. However, after counter and rejoinder affidavits were exchanged the application for interim order order was rejected after hearing the parties by learned Single Judge on 30th January, 1985. 3. Civil Misc. Writ Petition No 1945 of 1990 By means of this writ petition the Management has sought quashing of the order show-cause notice dated 4th December, 1989, Annexure-9 to the writ petition and order dated 6/7th March, 1990, Annexure-10 to the writ petition under Section 6 (2) of U. P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971. The Management was superseded and one Shri Ramji Lal, retired District Judge was appointed as Authorised Controller by order dated 6/7th Match, 1990. By a subsequent order dated 27th July 1990 passed by Deputy Director of Education, one Sri Radhey Lal Agarwal was appointed Authorised Controller in place of Ramji Lal. However by another order of the same date, Ramji Lai was again authorised to continue as Authorised Controller. This Court, however, by its order dated 20th August, 1990 stayed the operation of the order dated 27th July, 1990. 4 Civil Misc. Writ Petition No 29137 of 1991. This writ petition has been filed by Smt. N.A. Zubiri challenging order of the State Government dated 3rd September, 1991, Annexure-20 to the writ petition, passed by the State Government by which it was directed that she may not be given charge as large number of writ petitions and suits are pending and the status quo should be maintained until the dispute is finally decided. It was also directed by this order that all proceedings against Management to force it to give charge to Smt. N.A. Zubiri be stayed as it will not be in the interest of justice. The operation of this order dated 3rd September, 199l was stayed by learned Single Judge, by order dated 22nd October, 1991. In this writ petition, counter and rejoinder affidavits have been exchanged. 5 Civil Misc. Writ Petition No 22589 of 1993. This writ petition has been filed by Management for quashing order dated 26th May, 1993 posed by Regional Inspectress of Girls Schools, Annexure-4 to the writ petition, by which the Management has been again asked to allow Smt. N. A. Zubiri to sit inside the college premises so that she may discharge her duties as Head of the Institution. It has also been prayed that the direction may be issued not to inference with the working of the officiating Principal Smt. Radha Agarwal. It has been stated that the State Government by order dated 19th April, 1992, Annexure-3 to the writ petition, on the basis of the advice given by the learned Advocate-General on 11th February, 1983 directed to maintain status quo with regard to the office of the Principal until the dispute is decided by the Court it has been contended that the Regional Inspectress of Girls Schools cannot pass order contrary to the order passed by the State Government. It has been further stated that Sri N. A. Zubiri was restrained by the decree of the injunction dated 1st October, 1976 passed in suit No. 99 of 1985.
(3.) As there is no controversy with regard to the facts of the case, learned counsel for the parties have agreed that the writ petition may be disposed of finally of this stage Learned counsel for the respondents Sri D.P. Singh though disputed the fact that Smt. Kusum Srivastava was appointed on 24th February, 1984, she joined on 25th February, 1984 end died on 2nd March, 1984. According to him, Smt. Kusum Srivastava was already lying seriously ill and she died without joining and working on the post even for a day, However learned counsel for the petitioners placed before the court the application of Smt. N A. Zubiri dated 9th March, 1984 which is Annexure-1 to the counter-affidavit, filed in Civil Misc. Writ Petition No. 29137 of 1991 wherein she clearly admitted that Smt. Kusum Srivastava joined on 25th February, 1984 and she suddenly died on 2nd March, 1984 Mention of this application and the contents mentioned therein have not been disputed in Paragraph No. 6 of the rejoinder affidavit. In view of the clear admission of Smt. N. A. Zubiri, in my opinion, no further discussion is required on the aforesaid fact and after the aforesaid factual aspect of the case is accepted the only question for determination between parties remains as to whether on death of Smt. Kusum Srivastava the Panel recommended by the Commission can legally survive and candidate mentioned at Serial No. 2 namely, Smt. N A. Zubiri can be legally appointed as Principal.;