The Radiogram issued by the State Government stopping all fresh selections and appointments in non-Govt. aided Schools did not apply to the instant case where the selection process had been completed and the Regional Deputy Director of Education had already made the final decision under Section 16-E (8) of the U. P. Intermediate Education Act.

K.C. AGRAWAL, J.

1. THIS petition under Article 226 of the Constitution has been filed by the Committee of Management, Chacha Nehru Uchchatar Madhyamik Vidyalaya, Majhwan, Kanpur for quashing the order of the Regional Deputy Director of Education, dated 16th January, 1981.

2. THE facts relevant are these: That Chacha Nehru Uchchatar Madhyamic Vidyalaya, Majhwan, Kanpur is a recognized institution. It is governed by the U. P. Intermediate Education Act and Regulations framed thereunder. There was a Scheme of Administration of the aforesaid School duly approved under section 16-A of the aforesaid Act.

A vacancy for the post of Principal in the aforesaid institution occurred. A Selection Committee, as was required by Regulation 17 of Chapter II of the Act, was constituted. The Selection Committee consisted of the two experts nominated by the Deputy Director of Education and two representatives of the Committee of Management. Satya Narain Tiwari respondent no. 2, was one of the candidates, who was interviewed by the Selection Committee. The Selection Committee could not recommend the name of the selected candidates unanimously. On 25-1-1980, the Committee of Management passed the resolution that it did not agree with the recommendations of the Selection Committee which has selected Satya Narain Tiwari, respondent no. 2. Consequently, the Committee of Management, under section 16-E (8) of the U. P. Intermediate Education Act, referred the matter together with the reasons of such disagreement to the Regional Deputy Director of Education. The Regional Deputy Director on 16th January, 1981 directed the Committee of Management to appoint Satya Narain Tiwari, respondent no. 2, as the Principal. The order of the Deputy Director was not implemented.

3. THE Committee of Management filed the present writ petition on 5-2-1981 challenging its validity. On the stay application, this Court on 5-2-1981 passed the following: "Issue notice. Until further orders, the operation of the order of the Deputy-Director of Education IV Region, Allahabad dated 16th January, 1981, shall remain suspended."

4. RESPONDENT no. 2 put in appearance and contested the writ petition as well as the stay application. The stay order was vacated on 11-8-1981.

The petitioner moved an application for amendment of the writ petition on March 31, 1987, raising some new points which had not been taken earlier. The petitioner alleged that after 1st May, 1981, the appointment of respondent no. 2 made in pursuance of the order of the Regional Deputy Director being in contravention of the directions issued by the State Government dated 7th April, 1981 was invalid and, as such, could not be implemented. Consequently, it was argued that Satya Narain Tiwari, respondent no. 2, could not be appointed as Principal of Chacha Nehru Madhyamik Vidyalaya despite his selection.

5. IT appears that the State Government was since contemplating to bring about a change in the mode, method and power of appointment of teaching staff in non-Govt. aided Schools, accordingly, the Secretary to Government of Education department issued an order dated April 7, 1981 and communicated it by a Radiogram to various authorities. IT reads as under:-

"From Secy. to Govt. of U. P. Education Department G. O. No. 1701/15- 7-F1-1 (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. District Inspectors to ensure non-drawal of pay of teachers appointed after this date. Detailed instructions follow."

6. PURSUANT to the Radiogram, all the appointments were stopped. The validity of this Radiogram was challenged in a writ petition before this Court, reported in Ramji Dwivedi v. State of U. P., 1982 Ed. Cases 69. The writ petition was dismissed holding that the State Government had the power under section 9 (4) of the Intermediate Education