V.K.Shukla, J. - (1.) In the District of Jaunpur there has been recognised institution up to Junior High School level known as Kisan Junior High School, Etaily Gajna Kudda Jaunpur. Said institution was duly recognised under the provisions as contained in U.P. Basic Education Act 1972. In the said institution, petitioner Krishna Dixit was appointed as Assistant Teacher on 01.03.1973 and appointment of the petitioner was also approved on 29.07.1977. Said institution in question was upgraded from Junior High School to High School by the Secretary Madhyamik Shiksha Parisad U.P. at Allahabad on 25.01.1993 and thereafter from High School to Intermediate on 16.01.1999. Sri Hari Prasad Maurya had been performing and discharging duties as regular Headmaster of the institution and he attained the age of superannuation on 30.06.1999. In between managing committee of the institution in order to consider the name of next incumbent who was to take over the charge of as Principal of the institution on 04.04.1999 passed resolution resolving to appoint the petitioner as Principal of the institution. On 01.07.1999 pursuant to said resolution petitioner joined as Principal of the institution and signature of the petitioner was also attested on 14.07.1999 by the District Basic Education Officer. Sri Krishna Dixit has contended that Manager Sri Raja Ram Vishwakarma made an advertisement for filling up the said post of Principal/Headmaster in the daily newspaper Tarunmitra on 06.06.1999 and as per the same applications were invited by 20.06.1999 and 25.06.1999 was the date fixed for interview. Sri Krishna Dixit has contended that he also applied and on 25.06.1999 which was the date fixed for interview, petitioner has contended that he appeared in the interview and his name was finalised for the post of Principal/Headmaster of the institution and appointment letter was also issued on 26.07.1999. On 13.07.1999 signature of petitioner as Headmaster was attested by District Basic Education Officer. Petitioner has further contended paper qua the said substantive appointment was submitted before District Basic Education Officer for approval and as nothing was being done, in this background Sri Krishna Dixit preferred Civil Misc. Writ Petition No. 893 of 2000 wherein this Court on 29.01.2000 gave direction to District Basic Education Officer to decide the matter pertaining to the approval on the post of Headmaster within two months. It has been contended till date no decision has been taken on the said matter.
(2.) In regard to the management of the institution two set of incumbents were claiming that they have been validly elected, one group headed by Sri Raja Ram Vishwakarma and other group headed by Sri Subhash Chandra Yadav. Joint Director of Education on 13.03.2002 disapproved both the elections set up and directed for holding of election through Prabhandha Sanchalak. Against the order dated 13.03.2002 passed by the Regional Joint Director of Education Civil Misc. Writ Petition No. 16546 of 2002 has been filed before this Court by Raja Ram Vishwakarma and on presentation of aforesaid writ petition interim order has been passed on 22.04.2002. The Regional Joint Director of Education in spite of the fact that interim order has been passed on 09.12.2002 passed order authorising Raja Ram Vishwakarma to function as Manager of the institution. Against the said order dated 09.12.2002 authorising Sri Raja Ram Vishwakarma to function as manager, Sri Subhas Chandra Yadav filed Civil Misc. Writ Petition No. 54734 of 2002. This Court on 19.12.2002 passed order wherein categorical mention was made that charge should not have been handed over to either of the parties merely pursuant to the order of the High Court and there ought to have fresh consideration at least on the question of effective control.
(3.) Petitioner has stated that District Basic Education Officer attested his signature on 12.12.2002. It has been contended with vehemence that Sri Rajaram Vishwakarma for the reason best known to him became annoyed with petitioner, and proceeded with exercise to replace the petitioner as Headmaster by any mean fair or foul. Advertisement for selection on the post of Headmaster in newspaper dated 06.01.2003, 'Dainik Manuyar' has been sought to be manipulated. Fictitious selection proceedings has been set up, which has been illegally accorded approval by the District Basic Education Officer on 07.03.2003. One Sri Ajai Pratap Rai was shown to have been selected as Headmaster. Said Sri Ajai Pratap Rai on 20.03.2003 tried to join the institution, but he could not take over the charge, in absence of petitioner and was manhandled on the spot, which was subject matter of News item in daily Rashtriya Sahara on 21.03.2003. Sri Ajai Pratap Rai never showed himself in the institution thereafter. Petitioner questioned the validity of said action by filing and preferring Civil Misc. Writ Petition No. 14612 of 2003, wherein this Court on 21.05.2003, passed interim order for maintaining status quo to the post of Headmaster. On 26.05.2003 Sri Raja Ram Vishwakarma asked the petitioner to hand over the charge to Sri Ajai Pratap Rai to which petitioner submitted his reply dated 20.06.2003 refusing to hand over the charge of the office giving reference of interim order. Assistant Director of Education (Basic) Varanasi on 20.06.2003 asked Basic Shiksha Adhikari not to make payment of salary to Sri Ajay Pratap Rai until further order but ignoring the order passed by this Court on 21.05.2003 and the order dated 20.06.2003 salary was ensured to Ajay Pratap Rai on 26.06.2003. The District Inspector of Schools on 11.09.2003 directed the petitioner to continue to function as Headmaster of the institution and thereafter petitioner continued to perform and discharge his duties as Principal of the institution but thereafter quite illegally on 25.06.2005 District Inspector of Schools, Jaunpur passed order in favour of Ajay Pratap Rai qua his functioning. Petitioner, Krishna Dixit filed Civil Misc. Writ Petition No. 48629 of 2005 before this Court questioning the validity of the order dated 25.06.2005 which was allowed vide order dated 13.07.2005 and District Inspector of Schools was directed to pass fresh order. Thereafter District Inspector of Schools passed order on 03.03.2006 authorising Sri Ajai Pratap Rai to function as Principal/Headmaster of both Junior High School as well as upgraded Intermediate College. At this juncture Civil Misc. Writ Petition No. 16925 of 2006 has been filed.;