SUDHIR AGARWAL,J. - (1.) THIS writ petition has been filed by the Committee of Management Janata Uchchatar Madhyamik Vidhyalaya, Kushi Nagar through its Manager Shri Ram Awadh Singh, aggrieved by the order dated 8.6.2007 (Annexure 1 to the writ petition) passed by the District Inspector of Schools, Kushinagar, (hereinafter referred to as the 'DIOS') disapproving suspension of Shri Bhartambar Pandey, respondent No. 3 who is the Principal of the College.
(2.) THE principle ground taken by the petitioner is that the impugned order has been passed by the DIOS ex-parte and in utter violation of the order of this Court passed on 23.4.2007 in writ petition No. 19622 of 2007. The relevant facts in brief are as follows:- The Janata Uchchatar Madhyamik Vidhyalaya, Kushi Nagar (hereinafter referred to as the 'College') is a recognized High School by the Board of High School and Intermediate Colleges, Allahabad and is governed by the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as the '1921 Act'). The institution also being in grant-in-aid payment of salary to its teachers and non-teaching staffs is regulated by Uttar Pradesh High Schools and Intermediate Colleges (Payments of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as the '1971 Act').
(3.) ONE Shri Harish Chandra Singh who was holding post of Principal of the college on substantive basis attained the age of superannuation and retired on 30.7.2000 causing substantive vacancy on the post of Principal. The petitioner was allowed to officiate as Principal by handing over charge of the said post till regular appointment through U.P. Secondary Education Service Selection Board (hereinafter referred to as the 'Board') is made.;