H.N. Seth, J. - (1.) By this petition under Article 226 of the Constitution the A. S. H. P. Association, Ganjdundwara, district Etah which runs Har Narayan Intermediate College, Ganjdundwara, Etah challenges the validity of the orders passed by the District Inspector of Schools dated 23rd September, 1970 as also that of the Dy. Director of Education dated 10th November, 1970, refusing to approve its resolution dated 12th August. 1969, for terminating the services of Sri Bhagwati Prasad Gupta, respondent No. 3. who was working as the Principal of the College.
(2.) According to the petitioner the Association employed Sri Bhagwati Prasad Gupta as Principal of the College run by it with effect from 19th August, 1968.
(3.) Sri Gupta had been appointed on probation for one year, but his probationary period was extended for a further period of one year, vide resolution of the committee of management dated 24th July, 1969. The Managing Committee vide its resolution dated 12-8-1969 decided to terminate the service of Sri Gupta during his probationary period by giving him one month's notice. Thereafter, the manager Me\htab Rai sent a letter dated 13th August, 1969, to the District Inspector of Schools requesting him to approve the proposal made by the management for terminating the services of Sri Gupta by giving him one month's notice. He also enclosed a copy of the resolution alleged to have been passed by the Managing Committee on 12th August, 1969. Information about the action taken by the Committee of management was sent to Sri Gupta but somehow he avoided receiving the same. However, on 23rd August, 1969, the Management succeeded in informing Sri Gupta that vide Managing Committee's resolution dated 12th August, 1969 his services had been terminated by giving him one month's notice and that another person had been appointed to officiate as Principal in his place. Being aggrieved by the action of the Managing Committee in terminating his services, Sri Gupta filed writ petition No. 3056 of 1969 and inter alia prayed for a writ in the nature of certiorari calling for the records of the case and quashing the resolution dated 24th July, 1969 extending his probationary period, and the order of dismissal dated 23-8-1969, as also the resolution of the committee of management dated 12-8-1969. After the writ petition was filed, the petitioner, vide its communication dated 30th September, 1969, informed Sri Gupta that according to the decision taken by the Managing Committee and the papers sent to the District Inspector of Schools by registered post on 13-8-1969 for obtaining his approval in that regard, his services were being terminated with effect from 1-10-1969. Sri Gupta then amended his writ petition and prayed for the quashing of the notice dated 30th September, 1969 as well. The writ petition No. 3056 of 1969 was ultimately allowed by this Court on the 3rd September, 1970 and the impugned notices dated 23-8-1969 and 30th September, 1969 were quashed.;