Rakesh Tiwari - (1.) -This writ petition has been filed for issuance of writ in the nature of mandamus directing the respondents not to interfere with the peaceful working of the petitioner in Janta Uchchatar Madhyamik Vidyalaya, Athilapura Rasra, Ballia, on the post of Head Master.
(2.) THE brief facts of the case are that Janta Vidyalaya, Athilapura, Ballia, was a recognized institution. It was upgraded in 2001and is known as Janta Uchchatar Madhyamik Vidyalaya, Athilapura Rasra, Ballia. It is recognized school and the provisions of U. P. Intermediate Act, 1921 are applicable to the institution. The petitioner was appointed as Assistant Teacher on 1.7.1977. He claims that he was promoted as Head Master of the Junior High School in 1990. A true copy of the order of promotion, on which he has based his claim, dated 25.7.1990 (appended as Annexure-2 to the writ petition) is as under : ...[VERNACULAR TEXT OMMITED]... It is apparent from the perusal of the aforesaid order dated 25.7.1990 that the petitioner was not promoted as regular Head Master of the Junior High School after facing the selection committee constituted under Rule 9 of the U. P. Junior High School Recruitment Rules, 1978 but was appointed in stopgap arrangement due to suspension of Sri Kapoor Chand Sharma, respondent No. 4 by the Manager of the School. The appointment of the petitioner-Shesh Bahadur Singh on the post of Head Master (ad hoc) and was conditional, i.e., till permanent arrangement is made or till Sri Kapoor Chand Sharma is reinstated on his post.
(3.) IT appears from the record of connected Civil Misc. Writ No. 23957 of 1997 that the respondent No. 3-Sri Kapoor Chand Sharma was suspended vide order dated 16.7.1990. Consequently, he was served with a charge-sheet on 25.7.1990 and an additional charge-sheet dated 1.12.1990 in respect of certain charges. Sri Kapoor Chandra Sharma filed Writ Petition No. 30633 of 1990 before this Court challenging the order of suspension which was stayed by the Court on 23.8.1990. The Basic Siksha Adhikari Ballia also did not accord approval to the order of suspension dated 16.7.1990 of Sri Kapoor Chand Sharma by the Committee of Management. The writ petition was thereafter dismissed vide order dated 25.11.1992. The Committee of Management thereafter resolved to dismiss respondent No. 3 from service and accordingly dismissed him. The order of dismissal was also disapproved by the Basic Siksha Adhikari, Ballia vide order dated 17.9.1993. Aggrieved, the Committee of Management filed Writ Petition No. 36898 of 1993 challenging the validity and correctness of order dated 17.9.1993. The Court by interim order dated 1.10.1993 stayed the operation of the order dated 17.9.1993. The writ petition, however, was ultimately dismissed vide judgment dated 19.9.1994 on ground of alternate remedy available to the petitioner under Rule 12 of U. P. Recognized Basic Schools (Recruitment and Condition of Service of Teachers) Rules, 1975 to the Board. Aggrieved the Committee of Management filed special appeal against judgment dated 19.9.1994 which was also dismissed. Pursuant to the dismissal of special appeal the Committee of Management filed appeal before the Director of Education (Basic), Nishatganj, Lucknow in pursuance of the judgment dated 19.9.1994 in Civil Misc. Writ No. 36898 of 1993. After hearing both the parties, the Director of Education (Basic) dismissed the appeal filed by the Committee of Management by judgment dated 10.7.1997, recording a finding that dismissal of Sri Kapoor Chand Sharma was due to bad relation between the management and the Manager and upheld the order of the Basic Siksha Adhikari by which approval was not accorded to the Committee of Management in respect of dismissal of Sri Kapoor Chand Sharma. Aggrieved by the order and judgment dated 10.7.1997 of the Director of Education (Basic), the Committee of Management has come up in Writ Petition No. 23957 of 1997 for quashing orders dated 17.9.1993 and 10.7.1997 which is connected and listed along with the present Writ Petition No. 1084 of 2005 today for hearing.;