The validity of proceedings initiated without authority of law, the mandatory approval from the Board for dismissal, and the restrictions imposed on the Committee of Management.

The petitioner feeling aggrieved with the resolution dated 30th November, 2003, by means of which his services have been recommended to be dispensed with, has preferred this writ petition.

2. The petitioner was appointed as Officiating Principal by the Committee headed by Shri A. P. Dwivedi. The dispute arose between two factions of the Committee of Management and ultimately the committee headed by Shri A. P. Dwivedi was derecognised by the Registrar, Societies Chits and Fund on 14th February, 2003. Thereafter the present Committee of Management proceeded to initiate the disciplinary proceedings against the petitioner and by means of the resolution dated 30th November, 2003 proceeded to pass a resolution recommending dismissal of the petitioner from the post of Officiating Principal/lecturer. The resolution was forwarded by the Committee of Management to the U. P. Secondary Services Selection Board for approval. The U. P. Secondary Services Selection Board by means of a letter dated 29-5-2004 asked for the service record and other records pertaining to the petitioner from the District Inspector of Schools but he is sitting tight over the matter and has not forwarded the service record etc. as demanded by the Board. On account of inaction of the District Inspector of Schools the Board has failed to take any decision in the matter of the petitioner. The petitioner under the above facts is not being permitted to work although his dismissal has not attained final approval of the Board.

3. This Court passed an order on 13-7-2006 against which an Special Appeal was filed and the order dated 13-7-2006 was set aside in Special Appeal with a direction to this Court to decide the matter expeditiously preferably within a period of three months. The Special Appeal was allowed on 21st August, 2006.

4. Learned Counsel for the petitioner has submitted that the District Inspector of Schools in the case of another person has already held by means of an order that the committee of management was not recognized on the date of passing of the suspension order. He has also submitted that on the date of passing of the resolution dated 30th November, 2003 the Committee of Management was not recognised. He does not dispute that the committee headed by Mr. A. P. Dwivedi came to an end by means of order dated 14th February, 2003 but he emphasised that since the signatures of the Manager were not recognized up till 1-3-2004, therefore, a validly constituted Committee of Management did not

come into existence. He has placed reliance upon the judgment reported in 1991 Supp (2) SCC 264, Nand Deo Pandey v. Committee of Management & Ors. .

5. It is also submitted that the suspension order of the petitioner was not approved by the District Inspector of Schools at the time when it was passed and till today the suspension order has not been approved by the District Inspector of Schools, therefore, the suspension order never came into existence and remained on the file only. The reliance has been placed by him on Section 2 (k) of the U. P. Secondary Education Services Selection Board Act, 1982 (for short the act) which defines teacher as a person employed for imparting instruction in an institution and includes a Principal or a Headmaster and shelter of Section 21 of the Act has also been taken by the petitioner wherein it has been made mandatory to the management not to proceed to dismiss or remove or reduce in rank, or emolument, increment without prior approval of the Board. It also provides that no notice of removal from service shall be served upon an incumbent whose services are sought to be dispensed with without the approval of the Board. The petitioners dismissal having not attained finality he cannot be deprived of working on the post in question. The suspension order which has been passed has never been approved by the District Inspector of Schools and no decision has been taken by the District Inspector of Schools in respect of the s