SUDHIR AGARWAL,J. - (1.) HEARD Sri I.R. Singh, learned counsel for the petitioner, learned Standing Counsel for the respondents no. 1 and 2 and Sri S.K. Chaubey, Advocate who has put in appearance on behalf of respondent no. 4.
(2.) THIS writ petition is directed against the order dated 28.11.2006 passed by the District Inspector of Schools, Deoria (hereinafter referred to as the "DIOS") whereby he has directed that the respondent no. 4 shall discharge the duties of Incharge Principal of Sri Deo Kali Nath Sanskrit Pathshala, Barpar, Deoria (hereinafter referred to as the "College") and the petitioner shall continue to work as Assistant Teacher of the College. The facts in brief giving rise to the present dispute are that the College imparts education from Prathma to Uttar Madhyama, i.e., Class VI to XII and is being managed by the respondent no. 3. Earlier it was affiliated to Sampurnanand Sanskrit Viswavidyalaya, Varanasi (hereinafter referred to as the "University") and governed by the provisions of U.P. State Universities Act, 1973 (hereinafter referred to as the "1973 Act") read with the First Statute of the University published on 20.12.1978 (hereinafter referred to as the "First Statute") . It is said that after the enactment of U.P. Board of Secondary Sanskrit Education Act, 2000 (hereinafter referred to as the "Act, 2000") the College is now a recognized institution by the U.P. Board of Secondary Sanskrit Education (hereinafter referred to as the "Board") in view of Section 13 of the Act, 2000.
(3.) THE petitioner was appointed as Assistant Teacher in the College on 01.08.1978 while the respondent no. 4 was appointed on 01.03.1977. Both were granted approval by the Vice Chancellor of the University as per the University's letter dated 19.02.1987. It is said that the post of Principal fell vacant in 1980 due to the then Principal, Pt. Bajrang Bali leaving the job without giving any reason. The Committee of Management of the College permitted the petitioner to hold officiating charge of the Principal on 05.10.1980 and since then he is looking after the work of the Principal of the College in officiating capacity. The DIOS vide his letter dated 09.07.2005 granted financial approval to petitioner w.e.f. 25.12.2003 for payment of salary of the post of Principal. A complaint thereafter appears to have been made by the respondent no. 4 and one Ramakant Yadav, both teachers, claiming themselves to be senior to petitioner as Assistant Teacher in the College, pursuant whereto the DIOS issued a show cause notice to the petitioner and stopped payment of salary on the post of Principal. A reply submitted by the petitioner on 02.60.2006 (Annexure-9 to the writ petition), whereafter the impugned order has been passed.;