UMA SUNDARI VARMA Vs. COMMITTEE OF MANAGEMENT OF BALIKA UCHCHATTAR MADHYAMIC VIDYALAYA, JAUNPUR AND OTHERS

JUDGEMENT

(1.) These two writ petitions under Art. 226 of the Constitution of India can conveniently be disposed of together by a common judgment.

(2.) Writ Petition No. 647 of 1979 has been filed by Smt. Uma Sunflari Verma who has asserted herself to be the duly appointed Principal after due selection in respect of Balika Uchchattar Madhyamik Vidyalaya, Jaunpur. Writ Petition No. 2630 of 1974 has been filed by the Committee of Management of Balika Uchchittar Madhyamik Vidyalaya, Jaunpur.

(3.) Smt. Uma Sundari Verma, the petitioner in Writ Petition No. 647 of 1979, was interviewed by a Selection Committee on 10th Sept., 1971 and she being found suitable was duly selected for the post of Principal of the Institution. It has been alleged on her behalf that she was appointed on the post of Principal, and her appointment was duly approved by the Deputy Director of Education (Women) An appointment letter dated 15-10-1971 was issued appointing her on probation for a period of one year. It is asserted that she stood confirmed on 13-10-1972 on this post. Since there was some litigation being on in connection with the management of the Institution and one Sri Mukhteshwar Prasad was alleged to have been declared as the Manager by virtue of a compromise H;r services were terminated on 6th of June, 1973 The termination order was challenged as being violative of the provisions of Sec. 9 (3) of the U.P. Intermediate Education Act (hereinafter referred to as the Act) as having been passed without prior approval of the Regional Inspectress of Girls Schools. This order of termination dated 6th June, 1973 was se aside by the Regional Inspectress of Girls Schools by her order dated 2-11-1973 Thereafter it was found that the salary bills of the petitioner Smt. Uma Sundari Verma were withheld and hence representations were made by her to the authorities under the Act. Ultimately the District Inspector of Schools, Jaunpur, on the basis that the management had defaulted in making payment of salary to Smt. Uma Sundari Verma passed an order dated 29th April. 1974 directing single operation of the account. It is this order which has been impugned in Writ Petition No. 2630 of 1974 by the Committee of Management.