JUDGMENT S.N. Srivastava, J.
1. Impugned order in the present writ petition is the order passed by Regional Joint Director of Education, Agra Region, Agra rejecting the complaint of Teacher and employees Association against Management and refusing to appoint Prabandh Sanchalak.
2. Heard learned Counsel for the petitioners and learned Standing counsel.
3. The allegations made in the complaint are as regard to irregularities allegedly committed by Management. The order passed by Regional Joint Director of Education rejecting the complaint with the observation that it is not a case for appointing Prabandh Sanchalak. This Court is of the view that there is no error of law apparent on the face of record as observed in the impugned order that it may be case under Section 16-D of U.P. Intermediate Education Act, State Government may initiate proceedings if allegations made in the complaint are established.
4. Second question arises in the present case is that Committee of Management is appointing/disciplinary authority of Teachers and Class III employees and appellate authority of Class IV employees in disciplinary matters, a writ petition at their instance to oust Management is not maintainable.
5. Considered the provisions of U.P. Intermediate Education Act. This Court is of the view that the Teachers and Employees of the Institution, who are under the disciplinary control of Management, cannot file writ petition for superseding Management. Writ Petition at the instance of petitioners is not maintainable. Any dispute or cause of action in the matter of service, if arisen on account of decision taken by the Management is illegal, Teachers and Employees may challenge before appropriate authority or Court in accordance with law.
6. It appears from the record that certain Teachers apprehend that Subhash Chandra, who was appointed under the Dying in Harness Rules under the provisions of the U.P. Intermediate Education Act, may become Head Master/Principal. Law is very clear on the point that if any appointment/promotion is made on the post of Head Master/Principal, if not in accordance with law, the remedy is open for the aggrieved persons for redressal of their grievance in accordance with law.
7. In view of the discussions made above, no ground is made out for interference in the impugned order.
8. Writ Petition is dismissed.
9. No order as to costs.