Hon’ble P.K.S. Baghel, J.—The petitioner has preferred this writ petition to seek issuance of writ of certiorari for quashing the order dated 2.2.2008 issued by the Manager of an Intermediate College whereby his services have been terminated.

2. A brief reference to the factual aspects would suffice.

3. RDM Shia Trust Committee has established Dr. Akhtar Hasan Rizvi Shia Degree College, Meena Rizvi Shia Girls Schools, and RDM Shia Inter College at Jaunpur. These institutions have been established by a Trust and are administered by separate committee of managements.

4. The present dispute arose in respect of office of the Principal of an Inter College (for short institution). The Management had made an application to the State Government to declare this institution a minority institution within the ambit of Article 30 (1) of the Constitution. The State Government having satisfied that the institution fulfills requisite norms, declared it as a minority institution. The institution had applied for the aid out of the State Fund which has also been accepted by the State Government, thus, it receives aid out of State Fund. It is also recognized by the U.P. High School and Intermediate Education Board.

5. For the reasons of the aforesaid recognition and declaration the provisions of the U.P. Intermediate Education Act, 1921 and regulations framed there under (as applicable to the minority institutions), U.P. High School and Intermediate Colleges (Payment of Salaries of the Teachers and other Employees) Act, 1971 are applicable. However, the provisions of U.P. Secondary Education (Service Selection Board) Act, 1982 are not applicable in view of Section 30 of the said Act which excludes the applicability of the said Act to the minority institution.

6. It is stated that petitioner was appointed as a Principal of the College sometime in the year 1988 and ever since he was continuously working in the Institution. It appears that some dispute arose between the Society/Trust which manages affairs of the College on 25.1.2003 when the Deputy Registrar exercising its power under the Societies Registration Act directed co-option of some members of the trustee and a further direction was issued to hold a fresh election.

7. It is stated that some of the members challenged the order of the Deputy Registrar by means of two separate writ petition namely Writ Petition No. 7399 of 2003 (Dr. Syed Qamar Abbas v. Deputy Registrar, Firms Societies and Chits and others) and Writ Petition No. 51517 of 2003 (Dr. Syed Zafar Abbas v. Deputy Registrar Firms Societies and Chits and others). Both the writ petitions were decided by a common judgment on 26.5.2004. This Court issued certain directions to hold the fresh elections. The order of the learned Single Judge dated 26.5.2004 was challenged by one of the rival group by filing Special Appeal No. 721 of 2004 (Syed Zafar Abbas and others v. Deputy Registrar, Firms Societies and others). This Court initially granted interim order and issued a direction for appointment of an Administrator to look after the financial powers with regard to Society as also of the Institution.

8. In compliance of the interim order passed in the Special Appeal the S.D.M. Sadar, Jaunpur was appointed as Administrator with all administrative and financial powers. It appears from the records that during the pendency of the Special Appeal the rival groups reached at amicable settlement and an affidavit was filed in the Special Appeal to the said effect. The Special Appeal was disposed of in terms of the settlement between the parties and the order of the learned Single Judge was modified to that extent. It is stated that elections were held in the year 2007 and one Mohd. Hasan Khan was recognised as Manager of the Institution on 10.10.2007. It is further stated that Mohd. Hasan Khan who was recognised on 10.10.2007 as Manager earlier on 29.8.2006 had lodged a complaint under Section 156(3) Cr.PC against the petitioner. In complianc