The petitioner claims that he has been appointed as the Head Master in the R.B.S. Purva Madhyamik Vidhyalaya, Lacchmanpur, Saraya, Basti.
By means of the present petition, the petitioner is seeking a writ of mandamus directing respondent nos. 2 to 4 to reinstate the him with continuity of service, with full arrears of salary followed by consequential benefits of the same.
It appears that in the year 1996, the post of Head Master of the institution fell vacant. The Committee of Management, R.B.S. Purva Madhyamik Vidhyalaya, Lacchmanpur, Saraya, Basti published an advertisement on 2nd July, 1996, inviting the applications for the appointment on the post of Head Master. In pursuance thereof, the petitioner applied for the post, disclosing his academic qualifications, including having experience of three years of teaching as a Up Pradhan Adhyapak in an institution. He was called for interview on 30th July, 1996. On 30th July, 1996, the Selection Committee interviewed various applicants, including the petitioner. The petitioner was placed at the first place in the merit list and one Ram Dhani Verma secured second position. The report of the Selection Committee was placed before the Committee of Management. The Committee of Management on 30th July, 1996, recommended name of the petitioner for appointment on the post of Head Master and sent all the papers to the respondent no.2 for approval. On 8th August, 1996, the respondent no.2 granted approval for appointment of the petitioner and he was appointed on 10th August, 1996 on probation for one year.
In the counter affidavit filed by the respondent nos. 1 and 2, it is stated that the approval for termination of the services of the Committee of Management has been granted by the District Basic Shiksha Adhikari vide order dated 15th March, 1997. However, it is further submitted that on a representation being filed by the Committee of Management, the order dated 15th March, 1997 has been made in operative by the order dated 12th June, 1997. The petitioner has not challenged the order dated 15th March, 1997 and has also not filed any appeal, instead filed the representation for the review of the order dated 15th March, 1997, which was allowed by the order dated 12th June, 1997. The Committee of Management has challenged the order dated 12th June, 1997 in Writ Petition No. 20624 of 1997, which has been allowed by the order of date and the said order has been quashed. Therefore, no mandamus, as sought in the writ petition, can be issued by this Court.
In view of the above, the writ petition is liable to be dismissed and is accordingly dismissed.
Order Date :- 2nd November, 2012 Bgs/-