B.L. Yadav, J. - (1.) By means of this petition under, Article 226 of the Constitution of India the petitioner has prayed for a writ of certiorari quashing the orders dated 6-9-78, 13-3-81 and 25-1-83 (Annexures 6, 8 and 9). The petitioner has further prayed for a writ of Mandemus directing Respondent Nos. 1, 3 and 4 not to interfere with the petitioner as Principal of the College.
(2.) The facts lie in a narrow compass and they are these. The petitioner was appointed as Principal of the College in June 1866 and was confirmed on the said post in 1967. His appointment was approved by the Vice-Chancellor of the Gorakhpur University, Gorakhpur by order dated 6-6-1966 (Annexure-1). A contract of service was also entered into between the petitioner and the Committee of Management of the College, but the service of the petitioner was illegally terminated by order dated 3-5-68 with effect from 24-4-68 by the then Manager of the College. According to the petitioner the Manager was not entitled to pass such order of termination. The petitioner had, therefore, filed a regular suit in the Civil Court Additional Civil Judge, Moradabad in January, 1970 against the Committee of Management of the College including the University of Gorakhpur for the relief of declaration that the petitioner was Principal of the College and was entitled to his salary and other allowances payable to him.
(3.) The Management of the College however, resisted the suit denying the plaint allegations. Even though a finding was recorded that the petitioner's services were illegally terminated, hut the suit was dismissed on 5-4-77 mainly on the ground that the Civil Court at Moradabad has no jurisdiction. The petitioner preferred an appeal which was dismissed by the District Judge, Moradabad. Before this Court in Second Appeal a compromise was arrived at between the petitioner and the Committee of Management (Executive Committee of the College), The terms of the compromise were that the petitioner would be reinstated on the post of Principal in view of Resolution No. 12 dated 23-12-76, he has taken over charge of the office of Principal on 18-10-77 and was entitled to his seniority and fixation of pay as if he continued to work on the post and he was also entitled to arrears of pay and other allowances to the extent the same was payable to him. The University of Gorakhpur, however, was excluded from the compromise. During the pendency of the suit, Respondent No. 2 was appointed as Principal of the College by the Committee of Management on 1-9-74 and he also gave an undertaking that the judgment and order passed in the suit would be acceptable to him. But he did not make any application for implement rather he made an application for impleadment in Second Appeal and opposed the compromise. The said application of Respondent No. 2 for impleadment in Second Appeal was dismissed. In fact, the petitioner served the College only since 18-10-77 till 31-12-77 and again resumed duty on 11-7-79. The Management of the College requested the Deputy Director of Education (Finance) to fix the salary of the petitioner but the same could not be done. The petitioner made a representation under Section 68 of the U.P. State Universities Act, before the Chancellor, who, by his order dated 23rd July, 1980 remanded the matter to the Vice-Chancellor for fresh consideration (Annexure 8 to the amendment application). In the mean time the petitioner has taken appointment in K. G. K. College, Moradabad in lecturer's grade and .is working there. The Vice-Chancellor in pursuant c of order dated 23-8-80 decided the matter again by his order dated 13-3-81 (Annexure 9 to the amendment application) and held that there was nothing to be done at this stage. The petitioner again made a reference to the Chancellor, which appears to have been dismissed. Against these orders present petition has been filed.;