Ravi S. Dhavan, J. - (1.) There is a College in the district of Muzaffarnagar known as Mahamani Malviya Inter College and governed by the Intermediate Education Act, 1921 and the regulations made in pursuance of it. The administration of the College is sanctioned by the Scheme of Administration duly approved under Section 6-A of the Act, aforesaid. As a consequence of the Scheme of Administration, Babu Ram Sharma, the petitioner, was the Manager of the College having been elected and given due credence by the Committee of Management the past tense is relevant. The petitioner received an order from the District Inspector of Schools based on a resolution of the Committee of Management dated 3rd June, 1987 by which the petitioner was removed from the office of the Manager. The District Inspector of Schools, following the resolution of the Committee of Management gave recognition to the motion of no confidence passed by the Committee of Management on 23rd June, 3987 and accepted the decision of the governing body and its recommendation that henceforth the Manager of the College would be one Sukhbir Singh Sharma, respondent No. 2. The petitioner contends that the fact that the District Inspector of Schools by his order dated 26th June, 1987 (Annexure 2 to the writ petition) has approved Sukhbir Singh Sharma, respondent No. 2 to function as Manager, is an action which is illegal and beyond the jurisdiction of the District Inspector of Schools. The petitioner contends, that before the District Inspector of Schools approves, in effect, respondent No. 2 Sukhbir Singh Sharma to function as Manager, he is obliged to give an opportunity to the petitioner, failing which, the action of the District Inspector of Schools is liable (o be struck by this Court.
(2.) In reliance of his proposition learned counsel for the petitioner placed two orders of this Court. One is in Raghuraj Singh v. District Inspector of Schools, Jaunpur writ petition 7127 of 1987 ; judgment delivered by Hon'ble O.P. Saxena, J. and Hon'ble K.C. Dhuliya, J. The other was an order of 17 February 1987 in Committee of Management Palika Intermediate College, Bansi district Varanasi and another v. District Inspector of Schools, Varanasi and others; writ petition No. nil of 1987 ; delivered by Hon'ble S.D. Agarwal, J. and Dr.' B.N. Misra, J. None of these orders will apply to facts and circumstances peculiar to the present case.
(3.) The petitioner contends that there has neither been any meeting nor any resolution of no confidence against him so as to occasion the approval which has been accorded by the District Inspector of Schools, in effect, in recognising Sukhbir Singh Sharma as the Manager in his place. In the writ petition the petitioner has taken issues on any resolution being passed by the General Body of the College. The argument of the petitioner is that there is no occasion tor the District Inspector of Schools to interfere without any cause, and in any case he was entitled to an opportunity from the District Inspector of Schools before the signature of Sukhbir Singh Sharma were recognized in lieu of the petitioner.;