S SAMBA MURTHY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an appeal against the order of our learned brother Kondaiah, J., dismissing the Writ petition in limine. The Writ Petition was filed for the issue of a writ of mandamus directing the 4th respondent herein to implement the appellate orders of the District Educational Officer, Hyderabad, dated 20th July, 1967 as confirmed by the 1st respondent by Memo. No. 4438/G-1/69-11 dated 4th October, 1969 and for the issue of a further consequential direction to pay the arrears of salary from the date of suspension upto the date of reinstatement.

(2.) The necessary facts are that the petitioner was appointed as a teacher on 8th June, 1959 in the Marwadi Hindi Higher Secondary School, Hashmat Gunj Sultan Bazar, Hyderabad. It is a private Higher Secondary School recognised by the Government and also aided by it. The petitioner seems to have got himself admitted in the Evening Law College without seeking prior permission of the Management of the 4th respondent-school. When he was asked to explain, he totally denied that he had ever joined the Evening Law College. Subsequently when the Higher Secondary School found out from the College concerned that the petitioner was really enrolled in the Law College, then the petitioner came forward with an apology. The Management of the School however, terminated his services. He preferreed an appeal to the District Educational Officer. He also agreed with the Management that the petitioner had sought the admission in the Evening Law College without obtaining the previous permission and that he had given a false statement earlier. A lenient view however seems to have been taken by the District Educational Officer on the ground that the teacher had apologised subsequently although he had not tendered any apology for the erroneous statement which he had earlier made in regard to his admission in the Evening Law College. The District Educational Officer ultimately directed the petitioner to be reinstated in service and directed also the payment of his salary for a certain period. It was left open to the Management to award suitable punishment excluding suspension or dismissal or termination from service for the charge of giving false statement regarding his having sought admission in LL.B., without the permission of the management. We are told that when the School was not inclined to implement the direction given by the District Educational Officer as above, the petitioner made representations to the Director of Public Instruction who also accordingly directed the Management to implement the order. The Government was then approached. The Government also gave a similar direction. Nevertheless the Management is not implementing the order. It is in these circumstances that the petitioner wanted this Court to issue a writ of mandamus directing the 4th respondent to reinstate the petitioner and pay the salary due to him.

(3.) The question, therefore, is whether the learned single Judge who dismissed the writ petition was right in dismissing it. We have no manner of doubt that he was well within his power to dismiss the writ petition. This Court in Moss v. Management of St. Patricks High School, took the view that since there are no statutory rules made in pursuance of any Secondary School Act, the rules issued in that behalf are merely administrative rules. The Rules in respect of Grant-in-aid of the Rules regarding the granting of recognition constitute the Director of Public Instruction as an arbitrator. The position of that arbitrator has been found to be that of a private arbitrator. Any order of such an arbitrator being an order not of a quasi-judicial character given by a statutory arbitrator cannot be quashed by the issue of a writ of certiorari by the High Court under Article 226 of the Constitution. The Court relied upon some English decisions in that decision to reach that conclusion. It thus becomes plain that no writ of certiorari could have been issued to quash the order of either the District Educational Officer or the Director of Public Instruction.