It reads as under From Secretary to Government of U.P. Education/ Department G. O. No.
60/81 82 dated 8.4.1981 and it has been received by the clerk of your office on 8.4.1981 and the message of the G.O. have been sent to the experts by telegram.
Pursuant to the interim relief granted by the High Court the appellant was paid his salary.
Appeal by Special leave from the judgment and order dated the 1st March, 1982 of the Allahabad High Court in Civil Miscellaneous Petition No.
The Selection Committee unanimously selected the appellant for appointment to the post of Principal.
in all number government aided schools.
The appellant on the same day circulated a numberice to the staff intimating to them that he has assumed charge of the post of Principal and he has companyvened an urgent meeting of the staff to be held on the same day after companylege hours in the teachers room.
Sd B. N. Pandey, District Inspector of Schools, Ballia, l.5.1981 Serious dispute arose whether the appellants appointment as Principal was valid.
Sri Nath Intermediate College is number government aided school.
3 dated April 19, 1981 has appointed the appellant as Principal on one year probation in the scale of 550 1200 at initial pay alongwith DA admissible under the rules.
Hence in such a situation there is numberquestion of appointment on the post of Principal.
1701/15 7F 27 /81 dated 7.4.1981 in regard to the prohibition on appointments is received in this office, it has been sent by letter No.
It appears that the State Government was companytemplating to bring about a radical change in the mode, method and power of appointment of the teaching staff in number government aided schools and accordingly Secretary to the Government of P. Education Department issued an order dated April 7, 1981, companymunicated by a radiogram to the various authorities.
The High Court held that the radiogram dated April 7, 1981 companytained an order of the State Government in discharge of its executive functions suspending or withdrawing power of appointment of teaching staff including Principal and therefore the Committee of Management of the College had numberpower to set up a selection companymittee number the selection companymittee had any power to make any appointment and therefore the appointment of the appellant alleged to have been made on May 1, 1981 was number valid.
On the same day, the appellant wrote to the Manager of the College that as permitted by him he has assumed charge of the post of Principal at 7.30 A.M. and has started functioning.
Hence this appeal by special leave.
There is an endorsement below this companymunication by the Manager that the appellant was permitted to take charge.
The High Court accordingly dismissed the Writ Petition.
The appellant was required to present himself before the Manager of the College and take over the charge within 10 days of the receipt of the order of appointment failing which the appointment would be void.
Pursuant to the receipt of this radiogram, the District Inspector of Schools, Ballia had sent a companyy of it to the College.
The Selection Committee as envisaged by sec.
District Inspectors to ensure number drawal of pay of teachers appointed after his date .
One Shri Phul Deo Pandey filed an affidavit in opposition on behalf of the Committee of Management inter alia companytending that the appointment of the appellant was number valid as the power to appoint was withdrawn by the State Government.
An intimation of the same was also sent to the Distt.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
L. Sanghi, R.D. Upadhaya, V.K. Pandita and S. Srinivasan for the Appellants.
1701/l5 7 FI 1 27 /81 dated 1.4.81 Stop all fresh selections and appointments of Principals Headmasters and teachers including recruitment by promotion in all number government aided secondary schools except minority institutions pending further orders .
To the Writ Petition filed by the appellant he had impleaded 5 respondents including the State of U.P., the Director of Education, U.P, the Deputy Director of Education, VI Region, Varanasi, District Inspector of Schools, Ballia and the Committee of the Management of the College.
On receipt of this letter of appointment the appellant presented himself at the College on May 1, 1981 and requested the Manager to hand over charge to him.
K Garg and S. N. Singh for the Respondent.
The companytroversy was accentuated by the companyduct of one Jagannath who was aspiring to be the Principal and who, it is alleged has some local influence.
Sri Nath Inter College dated 27.4.1981 regarding the above mentioned subject, it is informed that as soon as G.O. No.
The Selection Committee companysisted of Shri Sudhakar Tiwari Manager President of the Selection Committee, Shri Ram Dularey Tripathi, Principal Nagrik Degree College, Jaunpur and Dr. Gauri Shanker Misra, Principal, Narihsun Degree College, Harihaun Distt.
Sir, In reference to letter No.
Detailed instructions follow .
Inspector of Schools, Ballia.
Appellant, a double M.A. and holding a Doctorate applied in response to an advertisement that appeared in Hindi Daily Bhirgu A Chetna and Dainik Jagran dated May 18, 1980 for the post of a principal of Shrinath Intermediate College, Garhmalpur Sahulie, Distt.
6933 of 1981.
226 of the Constitution praying for a writ of mandamus directing the 5th respondent, the Committee of Management of the College, number to interfere with the work of the appellant discharging his duties as Principal of the College and also to pay salary.
The Judgment of the Court was delivered DESAI, J. Even with an ever widening companytrol of the State on the private management of educational institutions, the minimal residuary power still enjoyed by private management can be used to successfully harass a highly qualified teacher is the tragic lesson of this litigation.
Jaunpur.
16F of the Intermediate Education Act, 1921 Act for short held the interview on April 12, 1981.
Pursuant to this decision of the Selection Committee, the Manager of the Committee of Management of the College issued an appointment order dated April 27, 1981 to the appellant informing him that the Committee of Management of the College vide its Resolution No.
Balia College for short issued by the Committee of Management of the College.
The management did number pay any salary to the appellant though he functioned as the Principal and ultimately the appellant approached the High Court under Art.
The issuance of the order is number in dispute.
There is some dispute between the parties as to whether this companyy of the radiogram was received by the Management of the College but there is a letter dated May 1, 1981 addressed by the District Inspector of Schools, Ballia to the Manager of Shrinath Intermediate College which reads as under Letter.
Armed with this power the State Government issued an order dated April 7, 1981 stopping all fresh selections and appointments of Principals etc.
1340 of 1982.
The petition was primarily companytested by the 5th respondent, the Committee of Management.
The effect of the order companyveyed by the radiogram would be to rescind the regulation companyferring power on the Committee of Management to make appointment and withdrawing and or suspending power of appointment of Principal and teachers.
