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1987 DIGILAW 1245 (ALL)

Reoti Raman Vyapar Mandal Inter College v. District Inspector of Schools, Shahjahanpur

1987-12-21

B.N.MISRA, S.D.AGARWALA

body1987
JUDGMENT S.D. Agarwala and B.N. Misra, JJ. - Heard learned counsel for the petitioners, Sri A. P. Singh learned Addl. Chief Standing Counsel and Sri Sankatha Rai, learned counsel for respondent No. 3, Dharamveer Gupta. 2. We have examined the facts in detail. From the facts it is apparent that as required by Section 16-G (3) of the U.P. Intermediate Education Act, 1921, there is yet to obtain prior approval in writing of the District Inspector of Schools concerned approving the proposal of the management dismissing Dharamveer Gupta from the post of Principal. In the circumstances, he is entitle to continue as the Principal of the College. In view of this factual position, the impugned order passed by the District Inspector of Schools, in our opinion, does not suffer from any legal infirmity and as such, no interference is called for under Article 226 of the Constitution of India. 3. The writ petition is dismissed in limine. The interim order dated 18-12-1987 is hereby vacated. 4. In writ petition No. 4300 of 1980, on 21-8-1980, the Bench admitting the petitioner consisting of Hon'ble the Chief Justice and Hon'ble M. N. Shukla, J. as he then was, ordered that the petition be listed for hearing with a week. This clearly shows that the Bench also directed the hearing of the petition No. 4300 of 1980. Since the matter has been pending for 7 years, which has resulted in lot of disputes between the Management and the Principal of the Institution, the petition No. 4300 of 1980 be disposed of without any further delay. 5. The parties are agisted that the petition itself be listed for hearing in the second weeks of January, 1988. 6. List the petition No. 4300 of 1980 before the appropriate Bench for final hearing on 11-1-1988.