Shishir Kumar, J. - (1.) This writ petition has been filed for quashing the order dated 30.12.2002 Annexure-11 to the writ petition passed by respondent no.1 and order dated 1.1.2003, Annexure-18 to the writ petition passed by respondent no.2. Further prayer is for issuing a writ in the nature of mandamus commanding the respondents to permit the petitioner to work on the post of Assistant Teacher and to pay salary.
(2.) The question involved in the present writ petition is limited to the extent that whether after upgradation of the institution as High School the Basic Shiksha Adhikari has got any power to approve or disapprove the order of termination of a teacher
(3.) There is an institution known as Indira Gandhi Junior High School, Nagla Ahwasi, Aligarh. The aforesaid institution was Junior High School and the same was raised to the level of High School in the year 2001. The said institution received grant in aid only up to the junior High Schools Level. The petitioner was appointed as Assistant Teacher in the aforesaid institution-vide its appointment order dated 7.11.1989. The appointment of the petitioner was also approved by the District Basic Education Officer-vide its order-dated 10.11.1989. A copy of the order of appointment and order of approval has been filed as Annexures-1 and 2 to the writ petition. At the time of appointment the minimum qualification required for the post of Assistant Teacher was Intermediate with training certificate. The petitioner passed his BA examination with 3rd division marks. The petitioner submitted the mark-sheet passing the examination before the Committee of Management. After completion of the probation period, the petitioner was confirmed as Assistant Teacher w.e.f. 11.11.1990. A copy of the same has been filed as Annexure-4 to the writ petition. Since the date of appointment the petitioner performed his duty diligently and there was no complaint whatsoever. An inquiry was initiated against one Ganga Sahai Sharma, Head Master of the institution by the S.D.M., Aligarh for misappropriating an amount to the tune of Rs.45,000/- which was received by him towards the scholarship of Harijan Students. The Head Master of the institution wanted support from the petitioner in the aforesaid matter but the petitioner however, refused to oblige the Head Master and due to the aforesaid fact the petitioner was being harassed in collusion with the Manager of the institution.;