Shishir Kumar, J. - (1.) By means of the present writ petition the petitioner has approached for a writ of mandamus commanding the Opp. Parties to take immediate action against the committee of management (respondent No. 5) under the provisions of Intermediate Education Act, further, a direction in the nature of mandamus directing the respondents not to permit the respondent No. 5 to manage the affairs of the institution. The petitioner alleges himself to be an ex-manager of Shri Nehru Adarsh Intermediate College, Alamganj, Jaunpur. It has been stated that respondent No. 5 has appointed teachers and other staffs without sanction of the post and without approval by the State Government. Petitioner's complaint regarding the aforesaid fact that the respondent No. 2 on 23.7.98 has made inquiry regarding illegal and misappropriation of the funds by the respondent No. 5. The Director of Education, respondent No. 2 on an application filed by the petitioner directed the Joint Director of Education, Varanasi to make an inquiry regarding approval of 23 teachers in the institution. Inquiry was conducted and it was found that various teachers have been appointed without sanction of the post in excess in the institution. The District Inspector of Schools on 13.1.91 submits a report that Shri Shailendra Prasad Singh, the manager of the institution manipulated the pay bill register and withdrawn the payment of furzy papers from the State Exchequer for the month of March, April, May and June 1998. The report was submitted by the Joint Director of Education. An enquiry was made and it was found that 33 appointments have been made by the committee of management in excess and sanctioned posts. The respondent No. 5 filed the writ petition before this Court and Hon'ble Court on 11.11.99 directed the Director of Education to complete the inquiry in the alleged irregular appointments. The Director of Education has submitted a report dated 30.3.2000 and directed the Joint Director of Education to send a notice under Section 16 (d) of the Intermediate Education Act to the institution. It has been submitted on behalf of the petitioner that the respondent No. 5 on the basis of the political pressure has manipulated and guard the said order stayed by the Principal Secretary and the Principal Secretary without any rhyme and reason has stayed the order of the Director of Education. The further submission has been made on behalf of the petitioner that inspite of the submission of the relevant papers before the Principal Secretary, the Principal Secretary has not passed any final orders petitioner being an ex-manager, is aggrieved by the action of the respondents.
(2.) After exchange of the counter and rejoinder affidavits a preliminary objection regarding the maintainability of the writ petition was raised on behalf of the respondents that the present writ petition is not maintainable as no management can be issued notice unless and until there is a request and there is no locus to the petitioner who has filed the writ petition and under the statute the ex-manager of any institution has got no right to agitate regarding functioning of any institution and the present writ petition is not public interest litigation therefore, it cannot be entertained and is liable to be dismissed.
(3.) A specific query was asked from the petitioner that the present writ petition is maintainable as there is no prayer in the writ petition for quashing the order of the Principal Secretary by which the order of Director of Education has been stayed. It has also been specifically pointed out to the petitioner that there is only relief of mandamus and as it is well settled that no mandamus can be issued unless and until there is a request or representation to the concerned authority.;