- (1.) SUDHIR Narain, J. Both these writ petitions involve common questions of fact and law. They are being disposed of by a common judgment.
(2.) THE reference to the words "petitioners" and "respondent" shall be taken from Writ Petition No. 12683 of 1996. Kisan Uchattar Madhyamik Vidyalaya Jogia Buzurg, Siddharth Nagar is a recognized institution under the provisions of U. P. Intermediate Education Act, 1921. One Raja Ram was a permanent principal of the institution. On his death the post of Principal fell vacant. The petitioner being senior most teacher in the institution was appointed to act as ad hoc Principal on 6- 4-1990. On 22-9-1991 the petitioner submitted resignation to the District Inspector of Schools stating that on account of family problems he is unable to function as ad hoc Principal and he may be relieved of his duties to function as ad hoc Principal. The Committee of Manage ment accepted his resignation and ap pointed Sri Hazari, respondent No. 3, to function as ad hoc Principal as he was the next senior most teacher of the institution. On 15-5-1992 the petitioner sub mitted representation to the Manager and the District Inspector of Schools to permit him to function as Principal stating that his family problems are over and he is capable to perform his duties as Principal of the institution. On the representation of the petitioner District Inspector of Schools sent a letter to the Committee of Management and respondent No. 3. On 4-12- 1993 the District Inspector of Schools wrote a letter to the Manager to permit the petitioner to function as ad hoc rincipal.
(3.) HAZARI, respondent No. 3, filed Writ Petition No. 35813 of 1995 in this Court against the aforesaid order of the District Inspector of Schools. This Court passed an interim order on 11- 12-1995 restraining the respondents from interfer ing in the functioning of HAZARI (petitioner in the said writ petition) as ad hoc Principal of the institution. I have heard Sri S. P. Shukla learned Counsel for the petitioner and Sri Amresh Sinha learned Counsel for respondent.;