J.M. Tandon, J. - (1.) The petitioner was appointed as O. T. Teacher in the Arya High School, Mandi Phul, District Bhatinda, by the Managing Committee of that school in the grade of Rs. 125-5-300 on March 3, 1969, subject to the approval of the District Education Officer which was granted on May 28, 1969. The appointment of the petitioner adversely affected Tara Devi respondent who had to make way for him. On Sept. 8, 1969, the District Education Officer, Bhatinda, directed the Management of the school that the petitioner be removed from service and Tara Devi respondent be allowed to join in his place. In pursuance of the direction issued by the District Education Officer, the Headmaster of the school terminated the service of the petitioner with effect from Sept. 13, 1969. The petitioner made a representation to the District Education Officer which resulted in another direction by the later to the Manager of the school vide letter dated Oct. 3, 1969, that Tara Devi respondent be adjusted against the vacancy of one Kanta Rani and the petitioner be allowed to join his own post. On Oct. 6, 1969, the order was changed to the extent that Tara Devi respondent was directed to continue and the petitioner was to work against a new available post if he fulfilled qualifications for the same. The petitioner assailed the direction of the District Education Officer contained in his letter dated Oct. 6, 1969, which adversely affected him in Civil Writ Petition No. 460 of 1970 on the ground that the later has no jurisdiction to issue instructions to the Management of a private school in regard to the appointment of teachers. The writ petition was accepted vide order dated May 4, 1971. It was held that the District Education Officer has no right to direct the Managements of private schools getting grants from the Government whom to employ as teacher and whom not to employ. The direction of the District Education Officer contained in letter dated Oct. 6, 1969, was quashed.
(2.) The petitioner was not given any further relief obviously because no writ could be issued against a private school.
(3.) On April 25, 1973, Tara Devi respondent filed an application under section 3(4) of the Punjab Aided School (Security of Service) Act, 1969, for setting aside the order of the Managing Committee of the school whereby she was reverted from Punjabi teacher to J. B. T. teacher. The Additional Deputy Commissioner, Bhatinda, vide order dated March 26, 1975, (P. 1) dismissed the application. She filed an appeal against the order of Additional Deputy Commissioner dated March 26, 1975, which was dismissed by the Commissioner vide order dated April 20, 1976, (P. 2).;