HARIHAR PRASAD KUSHWAHA Vs. DIRECTOR OF EDUCATION SECONDARY

JUDGEMENT

(1.) Civil Misc. Writ Petition No. 35135 of 2000 has been filed by the petitioner Harihar Prasad Kushwaha seeking a writ of mandamus directing the respondents to regularize the services of the petitioner on the post of Principal in Mahatma Gandhi Inter College, Sakhwawa, district Kushinagar and directing the respondents not to disturb in peaceful functioning of the petitioner as Principal of the Institution. A further writ of mandamus has been prayed for directing the respondents to include the petitioner in the interview of candidates alongwith other the candidates before the Service Selection Board, whereas Writ Petition No. 6314 of 2001 has been filed by him seeking a writ, order or direction in the nature of certiorari quashing the impugned order dated 25.1.2001, passed by the Director of Education (Secondary), U.P., Lucknow, contained in Annexure 3 to the said petition.

(2.) Since both these petitions have been filed by one and same person and involve common question of law and fact, hence they are being decided by a common order.

(3.) Briefly stated facts of the case are that there is an Institution known as Mahatma Gandhi Inter College situate at Sakhwawa in the district of Kushinagar, (hereinafter referred to as the 'College') which is a recognized institution under the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as the Act).