- (1.) The petitioner is seeking quashing of the order dated 19.3.2016 whereby the order placing the respondents no. 5 to 11 under suspension has been disapproved by the District Inspector of Schools, Mathura (DIOS).
(2.) Briefly stated the facts of the case are that one Mr. Neeraj Sunder Lal and one Sri A. Hulkar appointed as Principal and Head Clerk respectively were suspended by the Committee of Management of Clancy Intermediate College, Mathura (the Institution). The suspension order dated 26.11.2013 and the papers related thereto were forwarded to the DIOS for approval. The DIOS by the order dated 24.1.2014 disapproved the order of suspension. Aggrieved by the aforesaid order, the petitioner filed W.P. No. 8861 of 2014 and 8863 of 2014 and the order dated 24.1.2014 was stayed by the High Court by interim order dated 12.2.2014 (Annexure-2 to the writ petition). Thereafter by another order dated 6.11.2014 the Institution proposed to terminate the services of Shri Neeraj Sunder Lal and Shri A. Hulkar. Upon the order of termination being passed the writ petition no. 8861 of 2014 was dismissed as having become infructuous and the interim order was discharged. On 26.11.2014 the DIOS passed an order directing the reinstatement of the Principal, Shri Neeraj Sunder Lal. Being aggrieved by the order dated 26.11.2014 passed by the DIOS, the Institution filed writ petition no. 67353 of 2014 and the Court by its order dated 29.1.2015 stayed the operation of the order dated 26.11.2014.
(3.) In paragraph 10 of the writ petition, it is stated that an order of single operation was also passed by the Joint Director of Education, Agra which facilitated Shri Neeraj Sunder Lal to withdraw his salary inspite of the order of the DIOS dated 26.11.2014 being stayed by the High Court. Against the interim order dated 29.1.2015 Shri Neeraj Sunder Lal is stated to have filed a Special Appeal No. 130 of 2015 which was dismissed by the High Court by order dated 27.2.2015 with a further direction that the DIOS has not taken into consideration the termination order and has also not taken into consideration the fact that the Institution in question was a minority Institution protected under Article 30(1) of the Constitution of India in view of the judgment of the Supreme Court in the case of Committee of Management, St. John Inter College Vs. Girdhari Singh and others, 2001 4 SCC 296. The petitioner-Committee of Management then filed a contempt petition no. 1095 of 2015 against the withdrawal of salary by Shri Neeraj Sunder Lal inspite of the interim order of this Court dated 29.1.2015. The contempt petition is stated to be still pending and notice has been issued to the opposite party.;