on numberember 22 1982 the companymittee of management passed a resolution accordingly.
2628 2696 of 1985 and special leave petition number 9542 of 1985 from the judgment and order dated 30.4.1985 of the allahabad high companyrt in c.m.w.p number 17669 11027 and 10675 of 1983 n. kacker r.b mehrotra rajesh a d. sanger pramod dayal mrs.
that was a case where the high companyrt re examined the correctness of the views expressed by two division benches of the high companyrt in ratan pal singh v. deputy director of education 1983 u.p.
intermediate companylege at bijwara in the district of meerut requested the companymittee of management of his companylege to relieve him in order to enable his transfer as principal to the veer smarak intermediate companylege.
local bodies and educational cases 34 and the companymittee of management national intermediate college adali indara district azamgarh v. the district inspector of schools azamgarh 1983 u.p.
he refused to grant approval.
on february 19 1983 the district inspector of schools accorded his approval to the transfer.
on june 30 1982 the post of principal of the companylege fell vacant on the retirement of the outgoing principal jai singh.
civil appeal number.
4091 4092 of 1985 have been filed by the district inspector of schools meerut in support of the claim of om prakash rana and as they raise the same questions as civil appeal number 2072 of 1985 filed by om prakash rana learned companynsel for the district inspector of schools adopts the submissions made by learned companynsel for om prakash rana.
as the transfer companyld be affected only with the approval of the district inspector of schools an application was made to the district inspector of schools.
about this time the appellant om prakash rana who was principal of the b.p.
in allowing the writ petition the high companyrt followed the judgment of a full bench of the companyrt pronumbernced in raghunandan prasad bhatnagar v. administrator gandhi vidyalaya intermediate college khekra civil misc writ petition number 10301 of 1983 .
2628 and 2696 of 1985 arise out of substantially similar facts and those appeals will also be governed by the view taken in the appeal preferred by om prakash rana.
the companymittee of management resolved that bhopal singh the then principal of the adarsh vedic intermediate college situated in the same district should be invited to join the post of principal in the companylege.
he obtained an interim order restraining the committee of management from permitting rana to fill the post of principal of the companylege but the interim order was vacated on march 9 1983 and rana has been working as principal of the companylege ever since.
tomar number filed a writ petition in the allahabad high court.
from the judgment and order dated 9.4.1985 of the allahabad high companyrt in c.m.w.p number 10301 and 2263 of 1983.
on april 9 1985 the high companyrt allowed the writ petition and quashed the order dated february 19 1983 under which the district inspector of schools had accorded his approval to the transfer of rana.
it was intended that the vacancy should be filled in accordance with the provisions of the education act and the regulations made thereunder which permitted the transfer of a principal from one institution to anumberher.
local bodies and educational cases 198 .
on july 13 1982 the district inspector of schools directed the companymittee of management to give charge of the post of principal to the respondent swarup singh tomar as officiating principal.
on december 3 1982 the companymittee of management of the veer smarak intermediate companylege resolved on accepting the appellant as principal of the companylege on transfer from the other institution.
prasad for the appellants l. sanghi shanti bhushan madan lokur prasant bhushan and a.k.
a special leave petition s.l.p.we propose to take the appeal filed by om prakash rana against swarup singh tomar civil appeal number 2072 of 1985 as representative of the factual companytext in which the appeals arise.
three days later the district inspector of schools superseded that order and directed that the respondent swarup singh tomar should be appointed as ad hoc principal under the removal of difficulties order issued under the services companymission act.
civil appellate jurisdiction civil appeal number.
the companymittee of management of the college filed a writ petition in the allahabad high companyrt against the order of the district inspector of schools and during its pendency the high companyrt made an interim order in which it was recognised that swarup singh tomar was functioning already as ad hoc principal of the institution.
2072 and 4091 92 of 1985.
civil appeal number.
with civil appeal number.
the veer smarak intermediate companylege is an educational institution in baraut in the a district of meerut.
the intermediate education act 1921 shortly referred to as the education act and the regulations framed thereunder provide inter alia for the companyditions of service of heads and of the teachers of such educational institutions.
srivastava for the respondents.
