- (1.) SUDHIR Narain, J. In both these petitions common question of law and fact are involved and they are being disposed of by this common judgment. Km. Leela Paulus is petitioner in Writ petition No. 28340 of 1994. In this judgment she will be referred to as the petitioner and Km. Vijai Sherring shall be referred as respondent No. 4.
(2.) THE dispute relates with regard to the appointment to the post of Principal of C. N. I. Girls Inter College, Dehradun. The necessary facts, in brief, are that C. N. I. Girls Inter College, Dehradun (hereinafter referred to as the 'institution') is a minority institution. It is, however, recognised under the provisions of U. P. Intermediate Educa tion Act, 1921 and is under the grant-in-aid List of the State Government. One Miss. V. Pratap Singh, was the Principal of the institution. On her retirement Miss. M. P. Davis was appointed as Principal of the institution. She was to retire on 30-6-1994 on attaining the age of superannuation. The Committee of Management, fill up the said post, proceeded to make appointment by making selection. It advertised the post in two newspapers, namely, 'dainik Jagaran' and 'times of India' dated 7-5-1994 and 10-5-1994 respectively inviting the applications for appointment to the post of Principal. Thirteen candidates applied for appointment to the post including Km. Leela Paulus, the petitioner. The Selection Committee interviewed the candidates on 25-6-1994. Respondent No. 4 was selected by the Selection Committee. She was directed to take charge of the post of Principal on 1-7-1994 The necessary papers for approval of her selection were seat to the Regional Deputy Director of Education, Gaihwal Region, Pauri, respondent No 1 On 6-7-1994 respondent No. 1 approved the selection of respondent No. 4. In the meantime the petitioner filed suit No. 436 of 1994 on 29-6-1994, in the Court of Civil Judge. Dehradun against the College, the Managing Committee of the College and Agra Diocesan Council of the Church of Northern India for declaration that the plaintiff is entitled for promotion to the post of Principal of the college and for a mandatory injunction to the defendants in the suit to promote her on the post of Principal of the College. She also had filed an application for interim injunction in the Court of Civil Judge, Dehradun. The trial court fixed 7th July, 1994 and refused to grant exparte injunction. Against the said order the petitioner filed revision before the District Judge, Dehradun. On 6th July, 1994, the Illrd Additional District Judge, Dehradun passed an order that the respondents (in revision) shall not approve the appointment of any body for the post of Principal till the date fixed and directed that revision be put up on 2-8-1994 for disposal.
(3.) THE petitioner, concealing the fact that she had filed Suit No. 436 of 1994 in the court of Civil Judge, filed writ petition No. 20148 of 1994 claiming the right of appointment as Principal in the College. THE writ petition was disposed of finally with the observation on that the petitioner shall make his grievance by filing a representation before the Deputy Director of Education, Pauri Garhwal, Dehradun which shall be considered and decided by him. THE petitioner submitted her representation before respondent No. 1 on 14th July, 1994 and a supplementary representation on 26th July, 1994. Respondent No. 1 issued notice to the petitioner and respondent No. 4 and the Committee of the College, and after hearing the parties concerned rejected the representation of the petitioner by his order dated 28-7-1994. THE petitioner has challenged this order in Writ Petition No. 28340 of 1994. The District Inspector of Schools passed an order on 6th July, 1994 directing the Manager of the College to hand over the charge of the post of Principal to the Senior-most teacher teaching in the College till the final approval of the appointment on the post of Principal was given by the autho rity concerned. The similar letter was issued on 21st July, 1994, 27th July, 1994 and 15th August, 1994. These letters of the District Inspector of Schools, Dehradun have been challenged by the Committee of Management of the College and Miss. Vijai Sherring in writ petition No. 28635 of 1994 on the ground that after the selection for the post of Principal having taken place and a duly selected candidate has been approved by the Regional Deputy Director of Education, Garhwal Region, Pauri, the District Inspector of Schools has no jurisdiction to restrain Miss. Vijai Sherring from functioning as Principal in the institution.;