COMMITTEE OF MANAGEMENT MADHVANAND INTER COLLEGE, KASELA, DISTRICT ETAH AND ANOTHER Vs. DISTRICT INSPECTOR OF SCHOOLS, ETAH AND ANOTHER

JUDGEMENT

(1.) Petitioners have, by means of this writ petition, challenged the orders dated 16-2-1982 and 3-8-1982 passed by the District Inspector of Schools, Etah (hereinafter referred to as the D. I. O. S.). By the first order the D.I.O.S. disapproved the termination of service of the respondents No. 2, who was a Class III employee in the College and by the second order, he has directed for single operation of the account of the College.

(2.) Against the impugned orders, petitioners have already filed a Civil Suit for declaration and for permanent injunction. This suit is still pending. When the proceedings have been initiated by the petitioners in a Civil Court, writ petition cannot be entertained by this Court for the same relief. It is not open to a party to institute two parallel proceedings on the same cause of action and for the same relief, the writ petition is as such, liable to be dismissed.

(3.) Learned Counsel for the petitioners has argued that an application for withdrawal of the suit has already been made and the Civil Court may permit the withdrawal of the suit at any time. Even if it is so this is not a case where this Court should interfere under Art. 226 of the Constitution of India. It may be open to a person to choose his forum for redress of his grievances, But having once selected the forum and initiated the proceedings therein. It is not open to him, at his sweet will, to give it up and have recourse to another forum.