Hon’ble Ashok Bhushan, J.—Heard Sri Surendra Prasad, learned counsel for the petitioner and Sri N.L. Pandey learned counsel appearing for the respondent No. 3 and also the learned Standing Counsel. Counter and rejoinder affidavits have been filed. Supplementary affidavit has also been filed by the petitioner dated 1.5.2005 to which supplementary counter affidavit and supplementary rejoinder affidavit have also been filed. As prayed by counsel for both the parties the writ petition is being finally decided.

2. By this writ petition the petitioner has prayed for quashing the order dated 12.11.1999 passed by the Joint Director of Education, XII Region, Moradabad. A writ of mandamus has also been sought restraining the respondents No. 1 and 2 from reinstating the respondent No. 3 as Head Clerk of the institution.

3. Brief facts of the case necessary for deciding the writ petition are :

The respondent No. 3 had been working as a Head clerk in Adarsh Inter College, Umari District Bijnor. The election of the Committee of Management was held by the Authorised Controller appointed by this Court on 3.1.1995 in which one late Hari Singh was elected as Manager. The District Inspector of Schools approved the constitution of the Committee of Management. Writ petition No. 13339 of 1995 filed by one Gopal Singh, challenging the constitution of the Committee of Management, was dismissed on 16.1.1995 holding that the aggrieved party may challenge the election proceedings in civil suit or election petition. A civil suit No. 505 of 1995 was filed by Dilip Singh and others which was decreed on 21.8.1996 declaring the election dated 3.1.1995 illegal. Against the judgment dated 21.8.1996 civil appeal was filed by the Manager Hari Singh which was allowed in part by the appellate Court vide its judgment dated 24.9.1996. The appellate Court declared the election dated 3.1.1995 illegal but further directed that the Authorised Controller (S.D.M. Dhampur) to hold election. A second appeal No. 900 of 1996 was filed before this Court in which after hearing the parties following order was passed on 30th October, 1996 :

“In this case counter and rejoinder affidavits have been exchanged and Sri A. K. Yog, learned counsel has been heard at length. However, the arguments of Sri Khalil Ahmad, learned counsel appearing for the caveator/respondents have not been concluded.

List this case on 8.11.1996 for further hearing.

In the meantime the office is directed to summon the lower court records through the special messenger at the cost of appellant who will deposit the necessary charges within three days.

The record of writ petition Nos. 32248 of 1994 and 17414 of 1994 shall also be produced on the next date of hearing of the case. Shri Khalil Ahamad has stated that the S.D.M. has taken over the charge in pursuance of the decree passed by the lower appellate Court, if it is so then the S.D.M. will continue as Authorised Controller till next date of listing of the case but the election as directed by the courts below shall not be held till next date of listing of the case. However, in any case status quo as today shall be maintained.”

4. The interim order dated 30.10.1996 was extended by the Court from time to time. The respondent to second appeal filed an application in the Court that action be taken against the Authorised Controller for disobeying the order dated 30th October, 1996 and the subsequent order on which application no contempt notice was issued by this Court. Subsequently, the Sub Divisional Officer also wrote to the District Inspector of Schools on 18.9.1997 stating that in past Authorised Controller has already written a letter that he never took the charge as Authorised Controller and the Committee of Management has been functioning. The Authorised Controller opined that in view of the impugned order dated 30.10.1996 passed by the High Court the charge was never taken and specific direction be given as to whether on 30th October, 1996 Authorised Contr