U.C. Srivastava, J. - (1.) These two connected writ petitions arise out of the same matter i.e., promotion to the post of Principal, Sandi, district Hardoi. In Writ Petition No. 1092 of 1982 which has been filed in the name of the Institution by the Manager a prayer for quashing the Orders dated 10.01.1981 and 05.01.1982 passed by the District Inspector of Schools has been made. By the first order the District Inspector of Schools directed the Committee of Management to recognize the opposite party No. 3, Sri Hazari Lal Varma as Principal of the Institution and to do and take necessary action in this behalf and by Order dated 05.08.1982 the District Inspector of Schools refused to give approval in favor of Dr. Barister Singh and directed the Committee of Management to give effect to the earlier order passed in favor of Sri Hazari Lal Varma. A mandamus has also been prayed requiring opposite parties 1 and 2 to allow the Committee of Management to have a temporary Principal of its choice.
(2.) In Writ Petition No. 2225 of 1983 filed by Dr. Barister Singh prayers for quashing of the Order dated 02.04.1983, the interim order, passed by the Deputy Director of Education contained in Annexure -6 staying the operation of the subsequent order passed by the District Inspector of Schools in favor of Dr. Barister Singh recognizing him as ad hoc Principal of the Institution, for quashing the Order dated 15.04.1983 passed by the District Inspector of Schools, a copy of which has been annexed as Annexure -7 to the writ petition by which he required the Manager to get the signatures of Acting Principal Ram Swarup Yadav attested and for quashing the Order dated 02.06.1983 passed by the Deputy Director of Education, a copy of which has been annexed as Annexure -8 to the writ petition by which he held that Sri Hazari Lal Varma, opposite party was held senior to Dr. Barister Singh have been made. This order was passed in appeal by the Deputy Director of Education in pursuance of a direction issued by this Court at the interlocutory stage. The Deputy Director of Education held that although Sri Hazari Lal Varma was not Lecturer as he "as Head Master earlier and was still getting salary of that post, the grade of which is higher than that of Lecturer's grade, yet he was senior to Dr. Barister Singh.
(3.) Sri Deo Darbar Singh Ashram Inter College was up -graded from High School to the Intermediate College in the year 1972 and Sri Hazari Lal Vanna who was the Head Master of the said Institution was temporarily appointed as Principal of the said Institution. In the year 1973 regular appointive to the post of the Principal was made and a teacher and one J.P. Yaaav was appointed on 04.12.1973 as Principal of the Intermediate College The said J P Vadav was murdered on 3th May, 1981, and this is how the post of Principal of the Institution again fell vacant. For about one year viz 1972 -1973 the said Sri Hazari Lal Varma acted as Principal of the Institution till the regular appointment to the said post was not made and in view of proviso to Regulation 16, Chapter III of the Regulations framed under the U.P. Intermediate Education Act his pay was not reduced. During his period the said Sri Hazari Lal Varma, opposite party was suspended because of alleged indiscipline and misappropriation of funds and he remained under suspension for three years, but ultimately it seems that he approached the management with request and the management reinstated him with punishment of recovery from his salary which was still going on when the writ petition was filed. After the death of J.P. Yadav the management appointed one Ram Swarup as Principal who was teacher in the Institution, but as he was junior his appointment was not approved. It seems that Sri Hazari Lal Varma, opposite party No. 3, approached the District Inspector of Schools, may it be because Ram Swamp Yadav was appointed as Principal and the District Inspector of Schools without calling upon the management and taking its version passed an Order on 10.09.1981 that the said Sri Hazari Lal Varma, was senior amongst the Lecturers and as such he should be recognized as temporary Principal.;