SAMUDRI KUMARI Vs. STATE OF U P

JUDGEMENT

(1.) R. H. Zaidi, J. By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorai quashing the order dated 20-9-2000 passed by the District Inspector of Schools, Etawah/auraiya rejecting the representation filed by the petitioner for her recognition as the Head Mistress of the School known as Shri Shyam Uchchatar Madhyamik Vidyalaya, Anant Ram Sonasi, Auraiya (Etawah), for short 'the institution'. Prayer for a writ of mandamus commanding the respondents not to interfere in petitioner's functioning as the Head Mistress of the said institution, has also been made.

(2.) RELEVANT facts of the case giving rise to the present petition, in brief, are that the institution was initially recognized as Junior High School. It also had the financial recognition. It was in the year 1992 that the institution was upgraded as High School and was permitted to open 9th and 10th classes but without any financial recognition. It has been stated that the petitioner was appointed as Head Mistress of the said institution. The signatures of the petitioner are also alleged to have been attested by the District Inspector of Schools. She was, therefore, legally entitled to act as the Head Mistress of the institution and the respondents had no right to interfere in her functioning as such. There has been long drawn litigation between the petitioner and the respondent No. 4 with regard to appointment and acting as Head of the institution. Earlier, Writ Petition No. 30281 of 2000 was filed by the petitioner in this regard. The said writ petition was disposed of finally by this Court by its judgment and order dated 25-7-2000, which is quoted below : "heard learned Counsel for the petitioner. The impugned order is in the nature of communication to the petitioner to the effect that examination fee of Class IX had already been deposited by the recognized Head of the institution. The communication impliedly conveys that recognised Head of the institution is some one else. In the circumstances, therefore, it would be just and proper that the writ petition is disposed of with the direction that if the petitioner files a representation, the District Inspector of Schools, Etawah shall look into the grievance of the petitioner and take appropriate decision after affording opportunity of hearing to the parties concerned in respect of the question as to who is the recognized Head of the institution. The decision in this regard shall be taken within a period of two months after notice to the parties concerned. "

(3.) I have considered the submissions made by learned Counsel for the petitioner and also perused the record.