S. D. Agarwala, J. - (1.) -
(2.) THIS petition under Article 226 of the Constitution of India has been filed for a direction to the respondents not to interfere in the petitioner's functioning as the Head Mistress of Hira Devi Tota Ram Kanya Uchattar Madhyamik Vidyalaya, Bhajoi, District Moradabad (hereinafter referred to as the School) and to pay her salary. The petitioner, Smt. Mamta Rastogi was appointed as an Asstt. Teacher in the L. T. Grade in the School. It is not disputed that the School is governed by the provisions of the U. P. Intermediate Education Act, 1921 and the U. P. Secondary Services Commission and Selection Boards Act, 1982. The petitioner was appointed on 1st July, 1965 on probation for a period of one year. This appointment was approved by the Regional Inspectress of Girls' Schools, Bareilly by means of an order dated 15th December, 1965.
(3.) THE respondent no. 4, Smt. Vijai Luxmi Saxena was also appointed as an Asstt. Teacher in the L. T. Grade on 8th July, 1971. This appointment was also approved by the Regional Inspectress of Girls' School, Bareilly by an order dated 18th November, 1971. Both the petitioner and the respondent no. 4 had been working in the School The dispute arose because the permanent Head Mistress ceased to exist and as such the seniormost teacher of the School had to take over as an officiating Principal till a permanent Principal was selected by the Services Commission.;