URMILA SRIVASTAVA Vs. REGIONAL JOINT DIRECTOR OF EDUCATION VARANASI
LAWS(ALL)-2000-8-98
HIGH COURT OF ALLAHABAD
Decided on August 03,2000

URMILA SRIVASTAVA Appellant
VERSUS
REGIONAL JOINT DIRECTOR OF EDUCATION, VARANASI Respondents

JUDGEMENT

S.R.Singh, J. - (1.) Challenge in this petition centers round the order of the District Inspectors of Schools embodied in his communication dated 28.6.2000 (Annexure-4) addressed to the Manager. Adarsh Kanya Inter College. Jaunpur, containing direction to the latter to submit proposal for the ad-hoc appointment of the respondent Smt. Sushma Chaturvedi as officiating Principal of the Institution together with relevant papers having bearing on the appointment and seniority of all teachers in the Institution by 30th June. 2000. The communication dated 30.6.2000 of the Joint Director of Education, Varanasi Region, Varanasi, addressed to the Manager of the Institution directing the latter to enforce compliance to the directions contained in the letter aforestated of the District Inspector of Schools, of assigning charge of Principal to Smt. Sushma Chaturvedi under intimation to himself and the District Inspector of Schools, Jaunpur.
(2.) It would transpire from the order contained in the communication dated 28.6.2000 that the seniormost teacher Smt. Urmila Srivastava had declined to be saddled with the responsibility of officiating Principal of the Institution and the next seniormost teacher namely, Swatantra Kumar Maurya being a C.T. grade Asstt. Teacher, was not qualified to be appointed as ad hoc Principal and the 5th respondent Smt. Sushma Chaturvedi being the 3rd in order of seniority, was qualified to be assigned the charge of officiating Principal of the Institution.
(3.) In the writ petition, it has been articulated that the petitioner did not decline being assigned the charge of officiating Principal and the impugned order of the District Inspector of Schools proceeds on erroneous assumption that the petitioner declined the offer of her being appointed as officiating Principal of the Institution. The order impugned herein has been assailed basically on the premise of the same having been passed in breach of the principles of natural justice. In the counter-affidavit filed by Smt. Sushma Chaturvedi, the letter dated 25.5.2000 has been annexed as Annexure-C.A. 1 in which the petitioner expressed her unwillingness to take over charge of the Principal owing to some unavoidable circumstances. The contents of the letter are admitted to the petitioner but her precise case is that the letter was undated and written on an earlier occasion and the date "25.5.2000" has been interpolated for the letter being utilised as a pretence to make room for the 5th respondent who is admittedly junior to the petitioner.;


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