Sudhir Narain Agarwal, J. - (1.) THE petitioner has challenged the orders dated 16.7.94 and 20.9.94 passed by District Inspector of Schools, Bulandshahr (respondent No. 1) whereby he directed the Committee of Management to hand over charge of the post of Principal to respondent No. 2. Bhan Pratap A.S. Inter College, Jahangirabad , Bulandshahr (hereinafter referred to as the college) is a recognised institution under the provisions of U.P. Intermediate Education Act. 1921. One Sri Tej Bahadur Singh Sisodia was Principal of the college. He retired on 30.6.1993. After his retirement, the Committee of Management of the college passed a resolution appointing respondent No. 2 as Officiating Principal of the college as he was senior most teacher. Respondent No. 1 accorded approval of his appointment. He continued to discharge his functions as Officiating Principal of the college with effect from 1st July, 1991. He submitted resignation letter to the Committee of Management on 4th November, 1992 stating that due to family circumstances as his younger daughter disappeared, he was disturbed and was busy in tracing out the whereabouts of his daughter and therefore he was not in a position to discharge the functions of Officiating Principal of the college. He prayed that he may be relieved from that post. A copy of the resignation letter is Annexed as annexure -1 to the writ petition.
(2.) THE Committee of Management accepted the resignation of respondent No. 2 in its meeting held on 18.11.1992 and passed a resolution for appointment of the petitioner as Officiating Principal of the college. It issued a letter to the petitioner to accept the post of Officiating Principal, The petitioner accepted the post of Officiating Principal. His specimen signatures were sent to respondent No. 1 for attestation and according approval of his appointment as Officiating Principal of the College. The District Inspector of Schools accorded permission to the petitioner to function as Officiating Principal of the college. The petitioner started functioning as Officiating Principal with effect from 18.11.1992. Respondent No. 2 submitted a representation dated 13.12.1993 to respondent No. 1 stating that he is senior most teacher of the college and should be permitted to function as Principal of the college. He further stated that on account of family circumstances he had tendered resignation on 4th November, 1992 but now he is able to function as Officiating Principal. After receiving the said letter respondent No. 1 informed the Manager of the institution that respondent No. 2 has shown his willingness to function as Officiating Principal of the institution and he being the senior -most teacher of the college, be allowed to work as Officiating Principal and in this connection he may submit his report.
(3.) THE Management sent reply stating that respondent No. 2 has submitted resignation voluntarily and was not entitled to function as Officiating Principal particularly when the petitioner, after submission of resignation letter by the respondent No. 2 has been appointed as Officiating Principal. Respondent No. 1 by order dated 16th July, 1994 directed the Management to hand over charge to respondent No. 2. The Management again submitted reply, respondent No. 1 again by his order dated 22.9.94 directed to handover charge of the post of Officiating Principal to respondent No. 2 who was the senior most teacher of the college.;