MUKTI NATH TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) There are allegation and counter allegations between the petitioner and respondent No. 4 qua there appointment being fraudulent and being perpetuated with the help of the education authorities of the State of U.P. including the Director of Education and the District Inspector of Schools of the district concerned.

(2.) According to the petitioner, respondent No. 4 Rajendra Kumar Singh claims to have been appointed in the institution, namely Udit Narain Inter College Padrauna, District Kushi Nagar in the year 1976. For the purposes of salary and for approval of his appointment he alongwith others filed Writ Petition No. 1131 of 1978. The writ petition was dismissed by a Division Bench of this Court on 3.9.1979. A copy of the order of the Division Bench is enclosed as Annexure 5 to the present writ petition. The High Court held that there were serious disputed issues of fact with regard to (a) there being a resolution of the Committee of Management offering appointment to Rajendra Kumar Singh and (b) the claim of Rajendra Kumar Singh that he had been appointed under the Removal of Difficulties Order. According to the stand taken by the District Inspector of Schools in his counter-affidavit, no such appointment was made, as there was no vacancy against which Rajendra Kumar Singh could be so appointed.

(3.) The Division Bench held that such disputed issues of fact cannot be examined in a writ petition. The only remedy available to the petitioner was to file a suit where title could be determined after considering the material evidence. The Court further went to hold that if a suit proceedings are instituted by the petitioners for declaration of their title, the Civil Court will try to dispose it of as expeditiously as possible. This judgment has admittedly been permitted to become final between the parties. Respondent No. 4 Sri Rajendra Kumar Singh was petitioner No. 8 in the said petition.