DINESH BAHADUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ashok Khare assisted by Sri R. C. Dwivedi for petitioner and Sri B. D. Mandhyan assisted by Sri Satish Mandhyan for respondent No. 7.

(2.) Brief facts giving rise to this case are that the Panchayat Inter College, Bodarwar, District Kushi Nagar is an educational institution recognised under the U. P. Intermediate Education Act, 1921. The salary of teachers and other employees is paid and regulated by U. P. High School and Intermediate Colleges (Payment of Salaries to Teachers and Other Employees) Act No. 24 of 1971. Sri Krishna Murarl Shukia, the Principal of the college retired on 30.6.2002. The petitioner as a seniormost lecturer in the college was asked by the District Inspector of Schools to officiate as Principal. He started officiating as Principal w.e.f. 1.7.2002 and his signatures were attested. The last elections of the Committee of Management of the college were held in 1988. It is contended by the petitioner that thereafter no elections were held and that the same Committee of Management is continuing. There were allegations regarding financial irregularities against the Committee of Management, on which an order was passed by the State Government appointing an Administrator. Sri Pitamber Tiwarl, respondent No. 5 filed a Writ Petition No. 3195 of 2001 before the Lucknow Bench of this Court in which an interim order was passed on 1.11.2001 staying the appointment of Administrator.

(3.) The District Inspector of Schools, Kushi Nagar passed an order on 15.7.2002, for single operation of the accounts. The District Inspector of Schools thereafter passed another order recognising the Committee of Management of which Sri Pitamber Tiwari is the Manager, to continue to manage the institution. It appears that the management dispute is still pending but there are no specific order against the functioning of the Committee of Management of which respondent No. 5 is the Manager. It is contended that the vacancy on the post of Principal has been requisitioned to be filled up from the Board under the U. P. Secondary Education Services Selection Board Act, 1982 (In short U. P. Act No. 5 of 1982). The Board has not advertised the post so far.