Arun Tandon, J. - (1.) Heard Sri S.D. Shukla on behalf of the petitioner, Sri S.N. Verma on behalf of respondent Nos. 5 to 7 and learned Standing Counsel on behalf of respondent Nos. 1 to 4.
(2.) Patel Vidyapith Inter College Baraur, District Kanpur Dehat is an aided and recognized institution under the provisions of the Intermediate Education Act. The provisions of the said Act as also those of the U.P.High School and Intermediate Colleges (Teachers and other Employees Payment of Salary) Act, 1971 are fully applicable to the Teachers and Staff of said institution.
(3.) Sri J.K. Singh, who claims himself to be the Manager of the Committee of Management of the said institution, has filed this writ petition against the order of the Regional Joint Director of Education dated 18th May, 2004 whereby the Regional Joint Director of Education has appointed a Prabandh Sanchalak in the institution. The said order of the Joint Director of Education has been challenged amongst other on the two grounds (a) that the reply submitted by the petitioner to the show cause notice dated 14th April, 2004, which was duly received in the office of the District Inspector of Schools on 19th April, 2004 has not been taken into consideration while passing the impugned order and, as such, there has been violation of the principles of natural justice, (b) the appointment of respondent Nos. 5 and 6 was made by the Principal of the institution against whom disciplinary proceedings were pending and consequently the Management was justified in not carrying out the direction of District Inspector of Schools directing the payment of salary to the aforesaid persons.;