- (1.) This intra court appeal is directed against the judgment and order dated 9.12.2005 passed by learned Single Judge in Civil Misc. Writ Petition No. 32932 of 2004; Ajay Singh Vs. State of UP and others whereby the writ petition has been allowed and the respondents have been directed to hold fresh selection in accordance with law for the appointment on the post of Lecturer in Mathematics in the Institution.
(2.) The facts giving rise to the dispute are as under: (I)St. Andrews Inter College, Gorakhpur (for short 'the institution') is a minority institution duly recognized and aided and governed under the provision of Intermediate Education Act, 1921 and the Rules and Regulations framed thereunder. (II)The vacancy for the post of two lecturers, one in Mathematics and one in Physics and one in LT Grade occurred in the institution on 30.06.2001 and the process of appointment on the said posts was undertaken by the committee of management. (iii) The dispute in the present appeal is in respect of the appointment of the appellant on the post of Lecturer in Mathematics. After recommendation of the name of the appellant, the matter was referred to the District Inspector of Schools, Gorakhpur (for short "the DIOS'), who forwarded it to the Regional Level Committee. The committee took a decision to grant approval for the said appointment and referred the matter to the DIOS on 4.4.2003 for taking necessary consequential action. (iv) In the meantime, it appears that certain complaints were received in respect of the selection of the appointment on the post of Lecturer in Maths, made by the Manager of Hindu Jagran Manch, Gorakhpur and by a sitting MLA of a political party. The DIOS vide letter dated 30.6.2013 referred the matter to the Joint Director of Education, 7th Region, Gorakhpur and an inquiry was got conducted through Assistant District Inspector of Schools, Gorakhpur, who submitted report dated 16.4.2004 to the effect that selection was made in accordance with the prescribed procedure and there was no illegality or irregularity. (v) On the basis of the aforesaid inquiry report, the Joint Director of Education vide order dated 22.6.2004 required the DIOS to take appropriate decision for according approval to the selection on the basis of the decision of the Regional Level Committee dated 16.3.2003. (vi) Aggrieved by the aforesaid, the petitioner-respondent nos. 5 and 6 filed a writ petition challenging the order dated 22.6.2004. Respondent no. 5 alleged himself to be the manager of the committee of management of the institution in question.
(3.) It is pertinent to point out at this stage that there was a dispute with respect to the committee of management of the institution in question between two groups. The petitioner-appellant set up an election said to have have been held in March, 2003 on the basis whereby he claimed to be the Manager of the committee of management. However, an authorized controller was appointed to manage the affairs of the institution. The dispute travelled to this court in the form of Civil Misc. Writ Petition Nos. 437 of 2003 and 30714 of 2003. Writ Petition No. 437 of 2003 was filed challenging the order dated 20.12.2002 passed by the Joint Director of Education appointing an authorized controller with a direction to hold election of the committee of management within three months, whereas Writ Petition No. 30710 of 2003 was filed for quashing the order dated 29.5.2003 passed by the Regional Level Committee granting recognition to the election of the committee of management set up by petitioner-respondent Ajay Singh and also for quashing the order dated 20.6.2003 passed by the DIOS whereby the signatures of petitioner-respondent Ajay Singh were attested as the Manager of the committee of management vide judgment and order dated 27.2.2006.;