Hon’ble V.K. Shukla, J.—Committee of Management of S.G.M Inter College, Khairgarh District Firozabad through its Manager Ajay Kumar Gupta has approached this Court for quashing of the order dated 1.7.2013 passed by District Inspector of Schools, district Firozabad wherein he has proceeded to pass an order for handing over the charge of Principal to the senior most Lecturer in the institution concerned and further pursuant to order dated 1.7.2013 has attested the signature of Raj Kumar respondent No. 4 on 10.7.2013 in the capacity of Principal of the institution.

2. Brief facts of the case as is reflected from the record that S.G.M Inter College, Khairgarh District Firozabad is an educational institution imparting education upto the intermediate level and is recognized under the provision of U.P. Act No. II of 1921 and the provision of U.P. Act No. V of 1982 and U.P. Act No. 24 of 1971 are also applicable to the said institution.

In the institution concerned Raj Kumar, respondent No. 4 was appointed as Lecturer in Civics vide appointment order dated 13.10.2008 and prior to it post of Principal has fallen vacant on 30.6.2007 and one Mitthu Singh Verma had been appointed on Ad hoc basis to function as Principal of the institution and he left the charge on medical ground in February, 2010 and thereafter charge of Officiating Principal was handed over to Raj Kumar respondent No. 4 on 20.2.2010 and this much is also reflected that said Raj Kumar, respondent No. 4 thereafter expressed his disinclination to function as Officiating/Ad hoc Principal of the institution on 28.1.2011. Thereafter in place of Rajkumar charge in question has been handed over to one Rajendra Kumar Jain and resolution in this regard has been passed on 20.5.2011. Record in question further reflects that Rajendra Kumar Jain has attained the age of superannuation on 30.6.2013 and issue arose as to who should be handed over the charge of Officiating/Ad hoc Principal. It appears that Committee of Management of the institution came up with the case that Rajkumar has refused to act as Principal vide application dated 21.062013, and as Rajkumar was not interested in being installed as Officiating/Ad hoc Principal, accordingly one Kunj Bihari Lal Saraswat, Assistant Teacher in L.T. Grade was sought to be installed as Officiating/Ad hoc Principal. It appears that Raj Kumar, respondent no 4 has represented the matter and thereafter District Inspector of Schools has proceeded to pass order on 1.7.2013 directing therein that senior incumbent should be permitted to function as Officiating/Ad hoc Principal and charge should not be handed over to junior incumbent and thereafter on 10.7.2013, signature of Raj Kumar, respondent No. 4 has also been attested which has impelled the petitioners to be before this Court.

3. Counter-affidavit has been filed in the present case and stand has been taken that Raj Kumar respondent No. 4 has been victim of arbitrary action of petitioners and on the earlier occasion when charge on the post of Officiating/Ad hoc Principal has been handed over to Raj Kumar Jain at that point of time, respondent No. 4 was perturbed on account of death of his young daughter and further categorical stand has been taken that forged proceeding in question has been undertaken wherein adverse entry has been shown to be awarded and he has been prohibited to function as in charge Principal in future and even letter dated 21.6.2013 purported to be written by him, has been termed to be forged and further it has been contended that an unqualified ineligible incumbent cannot be handed over the charge of Officiating/Ad hoc Principal.

4. Rejoinder-affidavit has been filed disputing the averments mentioned in the counter-affidavit and therein copy of two resolutions dated 20.5.2011 and 5.6.2011 have been appended, and based on the same it has been stated that by no stretch of imagination Raj Kumar could be handed over the charge of Officiating/Ad hoc Principal of the