R.K.Agrawal, J. - (1.) Sri Y.K. Saxena who represents the respondent No. 3, has made a statement at bar that he does not propose to file any counter affidavit and the writ petition be disposed on the basis of the averments made in the writ petition.
(2.) By means of the present writ petition filed under Article 226 of the Constitution of India, the Committee of Management, Sri Nehru Inter College, Auraiya through its Manager, Sri Radha Krishna Chaturvedi and Sri Radha Krishna Chaturvedi in his personal capacity as Manager of the College, seek a writ, order or direction in the nature of certiorari quashing the order dated 1st January, 2004 passed by the District Inspector of Schools, Auraiya, respondent No. 2, filed as Annexure-13 to the writ petition.
(3.) Briefly stated, the facts giving rise to the present writ petition are as follows. In the district of Auraiya, there is an Intermediate College in the name and style of Sri Nehru Inter College (hereinafter referred to as "the College"). It is recognised under the provisions of the U.P. Intermediate Education Act, 1921 and receives grant from the State fund. The provisions of the U.P. High School and Intermediate Colleges (Payment of Salaries to Teachers and other Employees) Act, 1971 are applicable. According to the petitioners, Awadh Narain Tripathi, respondent No. 3, who was officiating as Principal in the College, was placed under suspension vide resolution dated 15th March, 1989 passed by the Committee of Management. The disciplinary proceedings were initiated and after holding enquiry, the Committee of Management resolved to dismiss the respondent No. 3 from service. The resolution was passed on 22nd October, 1989 and in accordance with the provisions of the U.P. Secondary Education Services and Selection Board Act, 1982 the papers were forwarded through the District Inspector of Schools for approval of the U.P. Secondary Education Services Commission. The U.P. Secondary Education Services Commission vide order dated 5th July, 1991 granted approval to the proposed punishment of respondent No. 3. The respondent No. 3 challenged the approval granted by the U.P. Secondary Education Services Commission before this Court by filing Civil Misc. Writ Petition No. 22164 of 1991. The writ petition was finally disposed of by this Court vide judgment and order dated 24th May, 1995. The decision/approval granted by the U.P. Secondary Education Service Commission was set aside and the matter was remanded to the U.P. Secondary Education Services Commission to take a fresh decision in the light of the observations made in the judgment. The U.P. Secondary Education Services Commission is yet to take a decision and the matter is pending there.;