- (1.) V. K. Shukla, J. Committee of Management Smt. Sughra Begum Girls Inter College Firozabad has filed present writ petition questioning the validity of the decision taken on 17-12-2005 passed by Regional Joint Director of Education holding therein that claim set up by Smt. Sheelmani Sharma, respondent No. 4 is liable to be accepted and for lapse of the Committee of Management action be taken under U. P. Act No. 24 of 1971 against the Committee of Management.
(2.) IN the District of Firozabad there is recognized institution known as Smt. Sughra Begum Girls INter College Firozabad. Said institution is minority institution and the affairs of the said institution is to be run and managed strictly as per the provision as contained under U. P. Act No. II of 1921 and regulation framed thereunder. Said institution is in grant-in-aid list of the State Government the provisions of U. P. Act No. 24 of 1971 are fully applicable to the said institution. On 31-6-1995 Smt. Krishna Agrawal, Principal of the institution retired and due to retirement of Smt. Krishna Agrawal a substantive vacancy on the post of Principal came into existence. Selection proceedings were undertaken for filling up the aforesaid post of Principal of the aforesaid institution. Vacancy in question was notified and advertised and thereafter selection proceedings took place wherein one Smt. Azra Hijab was placed at serial No. 1 and Smt. Sheelmani Sharma, respondent No. 4 was placed at serial No. 2 and one Smt. Kaneez Fatima was placed at serial No. 3. Said papers were transmitted for being accorded approval by the concerned Regional Joint Director of Education. Regional Joint Director of Education refused to accord approval to the appointment of Smt. Azra Hijab. Smt. Azra Hijab filed Civil Misc. Writ Petition No. 2412 of 1997. IN the said writ petition counter-affidavit was invited and interim order was passed on 20- 1-2007 to the effect that respondents will not make appointment on the post wherein the petitioner was appointed until further orders. On account of said interim order being passed substantive appointment could not have been made and in this background one Smt. Kaneez Fatima who was senior most teacher in the institution was appointed as Principal of the institution. Said appointment of Smt. Kaneez Fatima has been subject-matter of challenge in Civil Misc. Writ Petition No. 38118 of 1998. Said matter has been kept pending before this Court. IN the meantime Smt. Sheelmani Sharma retired on 30-6-2001, Smt. Sheelmani Sharma's Civil Misc. Writ Petition 38118 of 1998 had been finally disposed of by this Court on 6-10-2004 asking the Regional Joint Director of Education to look into the matter. Pursuant to order passed by this Court impugned order has been passed accepting the claim of the Smt. Sheelmani Sharma and directing that action under U. P. Act No. 24 of 1971 is required to be taken against the Committee of Management. Counter-affidavit has been filed and therein it has been contended that Smt. Azra Hijab had submitted her resignation letter 4-1-1997 and once she has submitted her resignation and due information qua the same was given to Regional Joint Director of Education on 28-1-1997, then it was she who was entitled to be offered appointment. It has also been stated that Smt. Kaneez Fatima is not senior vis-a-vis contesting respondent No. 4. It has also been contended that it was she who was entitled to be appointed as Principal of the institution and her right has been infringed. In this background it has been contended that no interference is required and writ petition is liable to be dismissed. Rejoinder affidavit has also been filed disputing the averments mentioned in the counter-affidavit and averments mentioned in the writ petition has been reiterated.
(3.) AFTER pleadings mentioned above have been exchanged present writ petition has been taken up with the consent of the parties for final hearing and disposal. Sri Anil Bhushan, learned Counsel for the petitioner has contended with vehemence that none of the legal right of Smt. Sheelmani Sharma has been infringed, inasmuch as she had never been offered appointment on the post of Principal and her appointment had never been approved by competent authority in this background once she has never been offered appointment and she has attained the age of superannuation, then by no stretch of imagination her claim could have been accepted and that too in minority institution, as such erroneous view taken in the matter, is liable to be quashed and writ petition deserves to be allowed.;