ASHA RAI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Bhawesh Pratap Singh, learned counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) The petitioner has preferred the present writ petition with the following prayers:- "A. to issue a writ, order or direction in the nature of certiorari calling for record of the case and to quash the impugned order dated 01.08.2015 passed by District Inspector of Schools, Azamgarh.

(3.) Facts in brief as contained in the writ petition are that in Tahbarpur in District Azamgarh, there is a registered society under the Societies Registration Act 1860. The aforesaid society runs and manage an educational institution namely Rashtriya Inter College, Tahbarpur, Azamgarh. The aforesaid Committee of Management passed resolution on 25.05.2014 to suspend Sri Arvind Kumar Rai who is working as Principal of the College for charges of embezzlement, insubordination and indiscipline and passed suspension order on 31.05.2014. The aforesaid suspension order was required approval from District Inspector of Schools, Azamgarh therefore, the aforesaid suspension order was sent for approval but the District Inspector of Schools vide order dated 07.06.2014 disapproved the suspension order of Arvind Kumar Rai on the ground that charges are not serious. Against the aforesaid order, the Committee of Management filed Writ Petition No.36233 of 2014 and this Court vide judgement and order dated 16.072014 allowed the writ petition and set aside the order dated 07.06.2014 passed by the District Inspector of Schools, Azamgarh (in short "D.I.O.S."). In compliance of order of this Court, the District Inspector of Schools, Azamgarh again consider the case and disapproved the proposal of the committee of management to suspend Arvind Kumar Rai vide order dated 04.10.2014. Against the order dated 04.10.2014, Committee of Management again approached this court by filing writ petition No.60045 of 2014. The aforesaid writ petition was disposed of vide order dated 12.11.2014 by which Arvind Kumar Rai was directed to work as Principal. Against the aforesaid order, a Special Appeal was filed by the Committee of Management before this Court. The said Special Appeal was allowed and the order dated 12.11.2014 was set aside. In the circumstances, the Committee of Management did not permit Arvind Kumar Rai to join the college and appointed Sri Chandra Shekhar Rai being senior most teacher as Officiating Principal. Sri Chandra Shekhar Rai was superannuated on 30.06.2014. Thereafter the petitioner being senior most teacher was appointed as officiating principal. The Management sent the papers for attestation and the D.I.O.S. vide order dated 11.12.2014 attested the signature of the petitioner as officiating principal. The petitioner discharged her duties as Officiating Principal from 05.08.2014. On 09.11.2020, a supplementary affidavit has been filed by the petitioner stating therein that the petitioner is continuously discharging her duties as officiating principal and the fact that he is superannuated on 30.06.2014 is wrong and incorrect due to mistake. It is stated in paragraph 27 of the writ petition that the D.I.O.S. vide order dated 01.08.2015 rejected the claim of the petitioner for salary as Officiating Principal. Hence the present writ petition.