JUDGMENT

DESAI, J.:—Even with an ever-widening control 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.

2. Appellant, a double M.A. and holding a Doctorate applied in response to an advertisement that appeared in Hindi Daily Bhirgu Chetna and Dainik Jagran dated May 18, 1980 for the post of principal of Shrinath Intermediate College, Garhmalpur Sahulie, Distt. Ballia (College for short) issued by the Committee of Management of the College. The Selection. Committee as envisaged by S. 16E of the Intermediate Education Act, 1921 (Act for short) held the interview on April 12, 1981. The Selection Committee consisted 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. Jaunpur. The Selection Committee unanimously selected the appellant for appointment to the post of Principal. 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 Collegee vide its Resolution No. 3 dated April 19, 1981 has appointed the appellant as Principal on one year probation in the scale of Rs. 550-1200 at initial pay along with D. A. admissible under the rules. 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. 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. There is an endorsement below this communication by the Manager that the appellant was permitted to take charge. 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. An intimation of the same was also sent to the Distt. Inspector of Schools, Ballia. The appellant on the same day circulated a notice to the staff intimating to them that he has assumed charge of the post of Principal and he has convened an urgent meeting of the staff to be held on the same day after college hours in the teachers, room.

3. It appears that the State Govt., was contemplating to bring about a radical change in the mode, method and power of appointment of the teaching staff in non Government aided schools and accordingly Secretary to the Govt. of U. P. Education Deptt. issued an order dated April 7, 1981, communicated by a radiogram to the various authorities. It reads as under :

"From Secretary to Govt. of U. P. Education Deptt. G. 0. No. 1701/15-7-FI-1(27)/ 81 dated 1-4-81, Stop. all fresh selections and appointments of Principal Headmasters and teachers including recruitment by promotion in all non-Govt. aided secondary schools except minority institutions pending further orders(.) Distt. Inspectors to ensure non-drawal of pay of teachers appointed after this date(.) Detailed instructions follow(.)"

4. Pursuant to the receipt of this radiogram. the Distt. Inspector of Schools, Ballia had sent a copy of it to the College, There is some dispute between the parties as to whether this copy 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 No. 2/26-62/80-81 dated 1-5-81

Sub: In Ref : Appointment; of Principals.

Sir,

In reference to letter No. Sri Nath Inter College dated 27-4-1981, regarding the above mentioned subject, it is informed that as so