Mukerji, J. - (1.) This is a petition by Shyam Behari Lal Kapoor who was appointed Principal of a Government aided College known as Anglo Sanskrit (Intermediate) College and Kumar Chandra Bhushan Singh Anglo Sanskrit High School. Fatehpur with effect from the 1st of July, 1945. The petitioner was confirmed in that post by a resolution of the executive committee of the college, dated the 23rd April, 1946. An agreement was entered into in accordance with Rule 150(g) of the Educational Code of the Uttar Pradesh (1936). The agreement was entered into in the prescribed form which is to be found as Appendix X to the Educational Code One of the conditions of this agreement was, as provided for by Clause 15 of the agreement, that in case of any dispute arising in regard to the question of dismissal or reduction or withholding of salary the dispute was to be referred to a Committee of arbitrators which according to the agreement was to consist of - (1) The Director or Deputy Director of Public Instructions, U.P.-as Chairman, (2) The Head Master of an Institution nominated by the Executive Committee of the Uttar Pradesh Secondary Education Association, (3) A representative of the Managers nominated by the Managers' recognised representative body. The agreement also provided that the decision of this arbitration Committee was to be final and no suit was to lie in any civil court in respect of the matters decided by it.
(2.) Sometime in October, 1952 trouble grew between the Petitioner and the then Manager of the institution and a representation was made by the Principal to the District Inspector of Schools about the interference which the Manager of the school was doing in the sphere of activities which were the sole responsibility of the Principal. Whereupon the District Inspector of Schools is alleged to have written to the Manager directing him not to interfere with the day-to-day work of the petitioner as Principal of the institution in matters which lay within his exclusive jurisdiction. There were certain matters in regard to the enforcement of discipline in the school in which, too, the Manager made unwarranted interference with the result that the breach between manager and the petitioner became great and this breach apparently brought about the suspension of the petitioner as Principal. Various charges were made against the petitioner and he was in effect put under suspension in respect of those charges from the 4th May, 1953. On the 14th of May, 1953 the petitioner submitted his, explanation. The explanation was considered by the Managing Committee and by a resolution dated the 7th June 1953, the Managing Committee of the institution decided to dismiss the petitioner from service. By a communication dated 12th June, 1953 the petitioner was informed as follows:- "This is to inform you that your replies to the charges framed were considered by the Executive Committee on 7th June 1953 and the Committee by majority has found most of the charges established. You have been dismissed from service. You have got a right to apply for review of the order within 15 days. Copy of the resolution with reasons therefor will be supplied to you after second meeting of the Executive, Committee as provided in the Educational Code....." This communication which has been filed as Annexure B by the Petitioner was signed by Sri Bansgopal, the manager of the institution.
(3.) On 9th July, 1953 the petitioner approached the Deputy Director of Education, Allahabad Region, by means of a communication sent through the District Inspector of Schools, Fatehpur to refer the question of his dismissal to the "Committee of Arbitrators" in accordance with para. 15 of the Agreement (Appendix X of the Education Code) On the 26th May, 1954, the Deputy Director or Education, III Region, Allahabad, called upon the petitioner to supply him with a brief narrative of his case and all relevant papers in support of his case. This was obviously in regard to the arbitration proceedings which were asked to be initiated by the petitioner by his communication dated 9th July, 1953 to the Deputy Director of Education. The form of the letter of the Deputy Director of Education, III Region, Allahabad, points out that the letter was regarding the case of Sri S.B.L. Kapoor Ex. Principal of A.S. Intermediate College, Fatehpur to be decided by the Regional Arbitration Board From the circumstances brought out in the affidavit of the Petitioner it is clear that arbitration proceedings had in fact been initiated. On the 12th of June, 1954, the petitioner sent the papers along with a statement of the case to the Deputy Director of Education. The matter has remained pending in so far as proceedings in arbitration has not been completed. There appears to have been a hitch in the progress of these proceedings at an early stage because one of the arbitrators happened to be Sri S.C. Kapoor who refused to work on the Arbitration Board. On the 24th January, 1955, the petitioner wrote to the Additional Director of Education, Uttar Pradesh, Allahabad a letter in these words:- "In connection with the above as Sri S.C. Kapoor refused to preside over the Arbitration Board due to the point of communalism raised by the Manager and I am told you have recommended that the Deputy Director, Bareilly Region be requested to preside, you are now requested to ask Mr. Bhatia the present D.D.R., Allahabad to preside over the arbitration Board as the point of communalism no longer exists. As it is over 18 months that my case has been hanging fire, you are requested to expedite......" This letter makes it clear that the Arbitration Board had been formed and the manager of the institution had raised some sort of objection to one of the personnel of the Board. The point is further made clear by Annexure E which, is a letter from the Deputy Director of Education, Uttar Pradesh, dated 13-3-1956. No. GII/4867/XVI-1(36), that proceeding in arbitration had in fact been initiated, for this letter says among other things this:- "You are informed that, as your case has been referred to the Regional Deputy Director of Education, Allahabad for initiating proceedings of an Arbitration Board, it is not possible for the department to accede to your request at this stage.....";