- (1.) R. H. Zaidi, J. In the aforesaid petitions, common questions of facts and law were involved. They were consequently directed to be connected and listed together on 20-10-1990 and 4-9-1991. Incompliance of the aforesaid orders petitions were listed for hearing.
(2.) I have heard the learned counsel for the petitioner and learned counsel appearing for respondents as well as learned standing counsel. The writ petition No. 26s68 of 1990 has been filed for a writ, order or direction in the nature of certiorari quashing the impugned order, dated 31-8-1990 passed by respondent No. 1. The facts of the case giving rise to the present petition No. 26568 of 1990 are that there is an educational institution known as Sri Moti Lal Nehru Intermediate College at Basupur, Ghazipur hereinafter referred to the College. On retirement of Sri Ram Murti Pandey on 30-6-1988, the post of Principal fell vacant. According to the case set up in the present petition, the Committee of Management without notifying the vacancy to the Commission and without following the procedure prescribed under the law, appointed one Sri Shiv Shanker Pandey respondent No. 3 as Principal on ad hoc basis, It is stated that Sri Shiv Shanker Pandey was junior to the petitioner and was otherwise not qualified to be appointed as Principal of the College. The District Inspector of Schools did not accord approval to the appointment of respondent No. 3 and vide his order dated 5-9-1988 has asked the management to forward the name of the petitioner for his appointment as officiating Principal. Sri Shiv Shanker Pandey challenged the validity of order, dated 5-9-1988 and filed writ petition No. 17887 of 1988. It is stated that by mis stating and suppressing the facts, respondent No. 3 has succeeded in obtaining the interim order, dated 16-9-1988 from this court which reads as under :- "issue notice. Meanwhile and operation of the impugned order, dated 5-9-1988 shall remain stayed. " The said order dated 16-9-1988 is in operation till date.
(3.) DURING the pendency of the aforesaid petition Sri Shiv Shanker Pandey filed another Writ Petition No. 19448 of 1989 in this court praying for a writ of mandamus directing the District Inspector of Schools, Ghazipur to pay the salary to the petitioner for the post of Principal alongwith tne arrears of salary and to go on paying salary month by month regularly. On the facts stated in the said writ petition, this Court was pleased to pass the follow ing order on 2-J1-1980, which is quoted below :- "petitioner will serve a certified copy of our order on the District Inspector of Schools, Ghazipur who will either pay salary to the petitioner in case according to him, it is legally due or he shall show cause by filing counter-affidavit by 27-11-1989 petitioner will personally tender the certified copy of our order together with the copy of writ petition to the District Inspector of Schools, who shall accept the same. " In the meanwhile, it appears that District Inspector of Schools acting as Authorised Controller by his order dated 24-6-1990 appointed the petitioner a* officiating Principal of the College. Respondent No. 2 Sri Shiv Shanker Pandey again approach this court and filed writ petition No. 12704 of 1990 and again succeeded in obtaining the interim order in the following terms on 18-5-1990 : "issue notice. Meanwhile the operation of the order, dated 26-4-1990 (Annexure V to the writ petition) shall remain in abeyance. List this application for orders on 18-7-1990 before learned Single Judge. " Thereafter, it appears that the Authorised Controller who was looking after the affairs of the College resigned from the post, therefore, the District Inspector of Schools with a view to safeguard the interest of teachers students and Institution appointed one Sri Harikesh Dube as officiating Principal temporary till the final disposal of the matter pending in this Court. It was further ordered that in the event Harikesh Dube was not inclined to take charge of the office of the Principal, next senior-most teacher will take the charge of the said office. The said order further directed that in the event of the refusal by senior teachers to take the charge of the office of Principal other teachers in order of seniority will be given the opportunity to hold the charge of Princi pal, till it is taken by some one.;