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C/m, Thakur Malkhan Singh Inter College v. Upendra Kumar Singh & Others - SPECIAL APPEAL No. 485 of 2005  RD-AH 1347 (18 May 2005)
COURT NO. 32.
Special Appeal No. 485 of 2005.
Committee of Management
Thakur Malkhan Singh Inter
College Hasona Jagmohanpur
State of U.P. and others. Respondent/ Opposite Party
Special Appeal No. 231 of 2005
Committee of Management Appellant
State of U.P. & Others. Respondent/Opposite party
Hon. S.Rafat Alam, J.
Hon. Vikram Nath, J.
Both these appeals are preferred against the order of the learned Single Judge dated 15.03.2005 disposing of two writ petitions with the direction to the District Inspector of Schools to decide the controversy a fresh in the light of rival contention raised by the parties.
It appears that the regular Principal Sri Lekhraj Singh retired on 30.06.2003 after attaining the age of superannuation. Thereafter Sri Gajendra Pal Singh was made Officiating Principal, however, he was placed under suspension on 22.09.2004 by the Committee of Management, which was also approved by the District Inspector of Schools on 19.01.2005. Upon suspension of Gajendra Pal Singh the question arose as to who should be made the Officiating Principal. The Committee of Management of the Institution did not appoint Upendra Kumar Singh and Bhoop Singh who were senior to Pyarelal Baghel as Incharge Principal of the institution as they did not possess the required qualification. The next senior most teacher Pyare Lal Baghel was made Incharge Principal, and his signatures were also attested by the District Inspector of Schools on 23.09.2004. However, this order was subsequently, cancelled/ recalled by the District Inspector of Schools vide order dated 07.02.2005 on the application made by Upendra Kumar Singh on the same day i.e. 07.02.2005 without affording opportunity of hearing and notice to show cause either to the Committee of Management or to Sri Pyare Lal Baghel and thus, it is submitted that the order is arbitrary.
We are of the view that disputed question of facts were involved in the writ petition which were also examined by the learned Single Judge and he had rightly remitted back the matter for decision by the District Inspector of Schools. However, in view of the fact that the allegations had been made against the District Inspector of Schools, it would be appropriate that the said investigation should be made by some higher authority. Sri Abhinav Upadhyay learned Standing Counsel submitted that there is a Regional District Level Committee and the Joint Director is the Chairman and therefore the matter may be remitted to this Committee for fresh consideration in the place of District Inspector of Schools. We accordingly, modify the order of the learned Single Judge to the extent that in place of District Inspector of Schools the Regional District Level Committee is directed to decide the controversy by speaking order after affording opportunity of hearing to the concerned parties within a period of three months from the date of production of certified copy of this order.
We are of the further view that since the appointment of Sri Pyare Lal Baghel as Incharge Principal of the institution was approved by the District Inspector of Schools and after some time it was cancelled on the application of Upendra Kumar Singh without affording opportunity of hearing and without show cause notice to the Committee of Management and Sri Baghel said Upendre Kumar Singh cannot be allowed to function as Incharge Principal.
We, therefore, provide that until decision is taken by the aforesaid Committee, Sri Pyare Lal Baghel who was admittedly functioning as Acting Principal till the order of the District Inspector of Schools dated 07.02.2005 whereby approval of his appointment was recalled shall continue as Acting Principal of the Institution.
With the aforesaid modification of the order of the learned Single Judge we dispose of these appeals and the writ petitions, but without any order as to costs.
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