- (1.) R. B. Mhtrotra, J. In the above mentioned writ petitions common points arise for determination. With the consent of the learned counsel for the parties the three writ petitions have been heard together. Writ Petition No. 24309 of 1993 has with the consent of the parties counsel has been heard as leading case.
(2.) THE learned counsel for the parties have agreed on the point that on the basis of the decision is writ petition No. 24309 of 1993 the above mentioned two writ petitions can be decided. In support of the writ petition Sri Raj Kumar Jain learned counsel for the petitioner, and in opposition thereof Sri Rameshwar Nath the learned counsel for respondent and learned Standing Counsel were heard. The facts necessary for decision of writ petition are as under. There is a primary school of Mahadevi Karijan Vidyalaya, Langarpur, post Bankat, district Azamgarh which will for the sake of convenience be referred to as "vidyalaya" and the same is being administered from July 1973 by Registrar Societies Mahadevi Harijan Development Committee Langarpur, post Bankat, district Azamgarh. The said institution is registered under the Societies Registration Act and has been renewed from time to time. Basic Shiksha Adhikari accorded recognition to the Vidyalaya on permanent basis in 1989.
(3.) REGARDING dismissal of some previously appointed teachers in illegal manner writ petition No. 35788/91-Dudhnath v. District Judge, Azamgarh is pending before this Court. In regard to the decision of the present, writ petition it is essential at the outset to mention the facts of aforesaid writ petition No. 35786/91, Dudhnath Rampher, Ashok Kumar, Mahendra Rai, Ramdhari Ram afore said filed the said writ in this court. In this writ Mahadevi Harijan Manag ing Committee and Rambali ware also impleaded as respondents. It is cleat from the facts of aforesaid writ petition that the petitioners of the said writ petition Dudhnath and others instituted original suit No. 428/83 in the court of Munsif Moharamadabad Gohna for permanent injunction and in the said suit prayed for interim injunction that the defendants be restrained from interfering in any manner with the working of the plaintiffs as teacher and peon with Mahadevi Harijan boy school district Azamgarh. The plaintiffs No. 1 to 4 alleged themselves to be teachers of the aforesaid school and plaintiff No. 5 alleged himself to be peon of the said institution.;