V.K.Mehrotra, J. - (1.) Azad Inter College is an educational institution at Bahraich. Hamidullah and Sharda Prasad Singh, two teachers of the institution claimed that they are the senior-most teachers and on July 8, 1982 the District Inspector of Schools, Bahraich held that Sarda Prasad Singh was senior to Hamidullah. This was challenged by Hamidullah have filing Writ Petition No, 3828 of 1982 in this Court on August 11, 1982. An interim order was initially made in favour of Hamidullah by the Court but was later vacated on January 24, 1983. The question of inter se seniority between these two teachers was of importance to them for the senior - most teacher was entitled to be appointed principal of the institution on ad hoc basis.
(2.) On May 10, 1983 the present petition was filed by one Mohd. Maqbool Khan. He claimed to be a social worker and a former student of the institution. He also claimed that on March 9, 1983 a Committee of Management was constituted of which he was a member but that Committee was not permitted to function as it was not approved by the District Inspector of Schools who had passed an order on April 14, 1983 ( Annexure '8' to the writ petition Saying that the erstwhile Managing Committee was continuing as the Committee said to have been constituted on March 9, 1983 was not approved and further that the District Magistrate, Bahraich being the ex-officio President was not invited to meetings of the Committee. On May 19, 1983 an order was passed by this Court restraining appointment to the post of Principal of the College. On June 30, 1983 the post of the Principal actually fell vacant and both Hamidullah and Sharda Prasad Singh staked their claim for appointment to it. Sharda Prasad Singh sought impleadment in the petition which was permitted. He also sought vacation of the ad interim order dated May 19, 1983 through an application dated February 17, 1984. Earlier to it Writ Petition No. 4461 of 1983 was filed on behalf of the Committee of Management of the institution on August 24, 1983 and it was claimed that the institution was a minority institution within the meaning of Article 30 (1) of the Constitution and the Committee of Management was entitled to manage it without interference from the authorities of the State. An application for interim relief was made in this petition. All these applications were disposed of by a learned Singlo Judge of this Court by an order dated March 27, 1984. The interim order of May 19, 1983 passed in the present petition was vacated. The Court, however, said that the appointment made to the post of the Principal during, the pendency of the writ petition shall be subject to the result of the petition. The prayer for an ad interim order in writ petition No. 4461 of 1983 filed by the Committee of Management was refused. Thereafter on April 2, 1984 the District - Magistrate, Bahraich passed an order under which Sharda Prasad Singh was required to act as Principal of the College. Mohd. Maqbool Khan, petitioner in the present case, moved this Court for staying the operation of the order of the District Magistrate and on April 30, 1984 it was clarified by this Court that if Sharda Prasad Singh had not taken over as Principal of the institution in pursuance of the order of the District Magistrate, he shall not take over charge until further orders of the Court. The order was again clarified by Hon. S.C. Mathur, J. (who had passed the order dated April 30, 1984) on an application (being Application No. 8571 (W) of 1984) made in that behalf by Sharda Prasad Singh in the present petition by an order of December 14, 1984, after hearing the parties. The relevant portion of this order says that: "...Two senior teachers of the institution are locked in litigation which is bound to effect the functioning of the educational institution. It is important that the educational institution should be run smoothly. As the matter stand at present find that Sharda Prasad Singh has better claim to act as Principal of the institution. Even if the District Magistrate is found to have no jurisdiction in the matter this Court can make appropriate arrangements for the smooth Tuning of the institution. In exercise of this power direct that during the pendency of the writ petition Sri Sharda Prasad Singh shall act as Principal of the institution concerned and all concerned will hand over to him the relevants records after obtaining proper receipt from him. The position of Sri Sharda Prasad Singh will be that of a receiver appointed under the provisions of the Code of Civil Procedure, 1908. All concerned may note that non - compliance with the terms of this order will amount to contempt of this Court. The parties concerned are allowed twenty days' time to comply with this order. Sd/ - S.C.M.J. 14-2-1984"
(3.) Mohd. Maqbool Khan, petitioner in the present case, went to the Supreme Court against this order through Special Leave Petition (Civil) No. 474 of 1985 and Sought an ex parte stay order as well. The matter was disposed by the Supreme Court on January 22, 1985 by the following order:- "The petition is dismissed. The High Court is requested to dispose of the writ petition within eight weeks from today.";