V.K. Shukla, J. - (1.) PRESENT writ petition in question has been filed questioning the validity of the order dated 21.08.2010 passed by District Inspector of Schools wherein orders have been passed asking Managing Committee of the institution to ensure joining of Dr. Hari Virendra Singh as Principal of the institution.
(2.) BRIEF background of the case is that in the district of Mathura there is recognized institution known as Sri Krishna Chaitanya Inter College, Nagdgaon Mathura. Said institution is duly covered by the provisions of U.P. Act No. II of 1921; U.P. Act No. 24 of 1971 and U.P. Act No. V of 1982 and the 1998 Rules framed thereunder. Qua the said institution selection panel of Principal was notified on 18.08.2003 and same could not be acted upon due to pendency of the litigation before this Court and ultimately before Hon'ble the Supreme Court culminating in judgment in the case of Balvir Kaur and Anr. v. U.P. Secondary Education Services Selection Board, Allahabad and Ors. reported in : 2008 3 U.P.L.B.E.C. 2376. In the said select list so prepared wherein one Prem Dutt Mishra was empaneled at serial No. 1. Said incumbent has already attained the age of superannuation and the candidate who was placed at serial No. 2 Dr. Hari Virendra Singh was appointed by the Managing Committee on 17.11.2008 in compliance of the order of District Inspector of Schools for enforcement of select panel. Petitioner's contention is that despite of giving various opportunity Dr. Hari Virendra Singh has never joined in the institution and then writ petition was filed before this Court being Civil Misc. Writ Petition No. 35392 of 2010 with the prayer that District Inspector of Schools should recommend the name of candidate who has been placed at serial No. 3 as per the provisions of U.P. Secondary Education Service Selection Board Act, 1982 so that regular appointment on the post of Principal of the institution can be made. This Court on 01.07.2010 passed following order which is being quoted below. Heard Learned Counsel for the petitioner and Learned Counsel for the State -respondents. The vacancy on the post of Principal in Sri Krishna Chaitanya Inter College, Nandgaon, Mathura was subject matter of Advertisement No. 1/2000. The select panel was notified on 18.8.2003, however, the same could not be acted upon due to pendency of the proceedings before the High Court and ultimately before the Hon'ble Supreme Court culminating the Judgment in the case of Balbir Kaur and Anr. v. U.P. Secondary Education Services Selection Board, Allahabad and Ors. reported in, 2008 (3) ESC 409 (SC). Under the select list, one Shri Prem Dutt Mishra has been empanelled at serial No. 1. He has already attained the age of superannuation. The candidate at serial No. 2, Dr. Hari Virendra Singh was issued appointment letter on 17.11.2008 in compliance to the letter of District Inspector of Schools for enforcing the select panel. It is stated that despite necessary information Dr. Hari Virendra Singh has not joined the institution till date. The D.I.O.S. himself on 27.4.2010 issued a letter to Hari Virendra Singh for joining the institution along with original testimonials within one week of the receipt of the letter failing which further action as per law shall be taken. He has not replied for joining. Hence appointment letter has to be issued in favour of Sri Mohan Lal Dabra who has been placed at serial No. 3 in the select panel. The Committee of Management forwarded a letter dated 26.5.2010 requiring the D.I.O.S. to recommend the name of the candidate at serial No. 3 in accordance with Rule 13 of U.P. Secondary Education Service Selection Board Act 1982 so that regular appointment on the post of Principal of the Institution may be made. No action has been taken thereon. Hence this petition. The issue to be examined is as to whether Dr. Hari Virendra Singh respondent No. 5 has responded to the appointment letter issued in his favour within time prescribed or not. If the answer is the negative further action has to be taken in accordance with law without delay. In view of the same let the grievance of the petitioner be appropriately examined by District Inspector of School, Mathura at the earliest. Accordingly, the writ petition is disposed of with liberty to the petitioner to make a representation ventilating all his grievances before respondent No. 3 within two weeks from today, along with a certified copy of this order. On such a representation being made, the respondent No. 3 shall call for the records and shall pass a reasoned and speaking order, preferably within four weeks after affording opportunity to respondent No. 4 & 5 all consequential action be taken thereafter immediately. Pursuant to order passed by this Court notices were issued from the office of District Inspector of Schools and in the said proceedings Manager as well as Dr. Hari Virendra Singh appeared and the District Inspector of Schools noted the respective contention of the Managing Committee of the institution and Dr. Hari Virendra Singh as well as Mohan Lal Dabral, respondent No. 4 and thereafter order impugned has been passed wherein Managing Committee of the institution has been asked to ensure joining of Dr. Hari Virendra Singh. At this juncture present writ petition in question has been filed.
(3.) SRI Vinod Kumar Singh, Learned Counsel for the petitioner contended with vehemence that in the present case repeated opportunities were given to Dr. Hari Virendra Singh to join in the institution on the post of Principal but he did not turn up for joining in the institution. Once he has been given full opportunity to join in the institution concerned then by no stretch of imagination such direction could have been given as has been done in the present case, as it gives time to join even beyond reasonable period, as such writ petition in question deserves to be allowed.;