ASHWANI KUMAR MISHRA,J. - (1.) This petition is filed by the Committee of Management of the Institution concerned, questioning the order passed by the District Inspector of Schools, Prayagraj, dated 10th December, 2018; whereby a direction has been issued to it, to allow respondent no. 5, to function as the Officiating Principal of the Institution concerned.
(2.) Before referring to the merits of the controversy raised, it will be appropriate to note that the petitioner - Committee of Management had earlier approached this Court by filing a Writ Petition No. 19738 of 2018, which came to be disposed of on 17th September, 2018 by passing the following orders:- "1. Notice on behalf of respondent Nos. 1 to 4 has been accepted by the office of the Chief Standing Counsel. Sri Vikrant Pandey has accepted notice on behalf of respondent No.5. 2. This petition has been filed under Article 226 of the Constitution of India before this Court by the Committee of Management of the Gandhi Inter College, Patel Nagar, Jhunsi, Allahabad (hereinafter referred to as the 'College') impugning the two orders dated 14.7.2018 and 7.08.2018 in respect of the respondent No.5 passed by the District Inspector of Schools, Allahabad. By the first order dated 14.07.2018, the District Inspector of Schools has disapproved the resolution of the Committee of Management dated 14.5.2018 for placing the respondent No.5 under suspension. Vide second order dated 7.08.2018, the District Inspector of Schools has directed that respondent No.5 be appointed as Officiating/adhoc Principal of the College till a validly selected candidate by the U.P. Secondary Education Services Selection Board joins as Principal of the College. 3. Learned counsel for the petitioner submits that both these impugned orders have been passed without affording any opportunity of hearing to the Committee of Management which is mandatory under the provisions of the U.P. Intermediate Education, Act, 1921 and Rules framed thereunder. 4. I have heard learned counsel for the petitioner and Sri Vikrant Pandey, learned counsel representing respondent No.5. So far as the first order dated 14.07.2018 passed by the District Inspector of Schools is concerned, sixty days have already passed since it was resolved on 14.5.2018 to place the respondent No.5 under suspension and, therefore, no purpose would be served by adjudicating the order dated 14.07.2018 as after 60 days suspension comes to an end automatically if it is not approved by the District Inspector of Schools. 5. Learned counsel for the petitioner submits that charge-sheet has been issued to the respondent No.5 and the disciplinary proceedings are being undertaken against him. Be that as it may, there is no order restraining the Committee of Management to proceed with the disciplinary enquiry against the respondent No.5. 6. So far as the second order dated 7.08.2018 is concerned, since the order has been passed without hearing the Committee of Management, the same is being set aside. The District Inspector of Schools is directed to afford opportunity of hearing to the Committee of Management and then take an appropriate decision in accordance with law. The Committee of Management may represent the District Inspector of Schools within a period of one week and the necessary orders should be passed by the District Inspector of Schools within a period of ten days thereafter after giving opportunity of hearing to the Committee of Management as well as respondent No.5. 7. It is also provided that the respondent No.5 shall be allowed to perform his duties as Lecturer of the College and he shall be paid salary accordingly. 8. With these observations and directions, this writ petition is finally disposed of."
(3.) From a perusal of the aforesaid order, it transpires that the resolution passed by the Committee of Management for placing respondent no. 5 under suspension, dated 14.5.2018, was not approved by the Inspector, in terms of Section 16G(7) of the U.P. Intermediate Education Act, 1921, and this position was accepted by this Court also. There was further no direction for examining the legality of the resolution dated 14th July, 2018 and the second order dated 7.8.2018, however, was set aside as it had been passed without affording an opportunity of hearing to the Committee of Management. It is in furtherance of this direction that the Inspector has proceeded to pass a fresh order. The continuance of respondent no. 5 as Lecturer was also not interfered with.;