- (1.) R. K. Agrawal, J. The petitioner, Kunwar Pal Singh, has approached this Court under Article 226 of the Constitution of India by filing the present writ petition seeking a writ order on direction in the nature of certiorari quashing the order dated 7-2-2001 passed by the Director of Education U. P. Lucknow, Respondent No. 1, filed as Annexure No. 16 to the writ petition. He further seeks a writ order or direction of suitable nature restraining the respondents from taking any action on the basis of theorder dated 7-2-2001 passed by the Respondent No. 1 and from interfering in the functioning of the petitioner as officiating Principal of Chaudhary Suraj Singh Zila Panchayat Inter College, Jagir, District Mainpuri.
(2.) THE facts of the case in brief are that the Zila Panchayat Mainpuri runs and manages two recognised educational institution in the district of Mainpuri, namely, Chaudhary Suraj Singh Zila Panchayat Inter College, Jagir, district Mainpuri and Shri Rajendra Singh Zila Panchayat Uchattar Madhymaik Vidyalaya Nawa THEda district Mainpuri. According to the petitioner, he was appointed on 19-7-78 on the post of Lecturer in Economics in Chaudhary Suraj Singh Zila Panchayat Inter College, Jagir district Mainpuri, whereas Udai Raj Singh Rathor, Respondent No. 6, was appointed on the same date as Lecturer in Civics and Geography on 19-7-78. According to the petitioner, Respondent No. 6 was not eligible for appointment on the post of Lecturer in Civics and Geography as he was overage, his date of birth being 30-7-47 and he was more than 30 years age on 1-1-78. Some complaint was made against the appointment of the Respondent No. 6 before the Director of Education on which report was called from the District Inspector of Schools. Finally a direction was given to the Zila Panchayat Mainpuri to take proceeding against Respondent No. 6 in accordance with the Zila Panchayat Rules. According to the petitioner, departmental proceedings were initiated and the Zila Panchayat had resolved to dispense with the services of the Respondent No. 6 and the matter is pending before the U. P. Secondary Education Service Selection Board, Allahabad, for approval as required under Section 21 of the U. P. Secondary Education Service Selection Board Act, 1982. The Principal of Chaudhary Suraj Singh Zila Panchayat Inter College, Jagir district Mainpuri, namely, Balvir Prasad Misra retired on 30-6-96. Sri Satya Sewak was appointed as Principal of the said College who also retired on 30-6-98. The President of Zila Panchayat, Mainpuri, appointed the petitioner as officiating/ad-hoc Principal of the said college vide order dated 29-8-98. He assumed charge on 30-6-98 and his signature was also attested by the District Inspector of Schools, Mainpuri, on 3-7-98. It appears that against the order dated 3-7-98 two writ petitions were filed before this Court. The Respondent No. 6 filed Civil Misc. Writ Petition No. 33524 of 1998 whereas another writ petition was filed by Sri Suraj Pal Singh, which was numbered as 16534 of 1998. Both the writ petitions have been dismissed by this Court. The writ petition No. 16534 of 1998 was dismissed by this Court on 14-5-98. However, on review application filed by Sri Suraj Pal Singh this Court vide order dated 27-3-99 permitted him to make representation before the Deputy Director of Education. The other writ petition filed by the Respondent No. 6 being Civil Misc. Writ Petition No. 33524 of 1998 was dismissed by this Court vide order dated 28- 10-98 on the ground of alternative remedy being available to the said petitioner under paragraph 7 of the U. P. Secondary Education Service Commission (Removal of Difficulties) Order, 1981. Pursuant to the direction given by this Court vide order dated 27-3-99 in the review application filed by Sri Suraj Pal Singh, the Regional Joint Director of Education, Agra Region, Area, vide order dated 15-5-99 had upheld the appointment of the petitioner on the post of Principal. However, pursuant to the direction given by this Court on 28-10-98 in the writ petition filed by the Respondent No. 6, the Director of Education vide order dated 7-2-2001 had held that the Respondent No. 6 being the senior most teacher is entitled for being appointed on the post of Principal. The order dated 7-2-2001 is under challenge in she present writ petition. I have heard Sri Ashok Khare, Senior Advocate, assisted by Sri K. K. Singh, learned Counsel for the petitioner, learned Standing Counsel, who represents the Respondent Nos. 1 to 4 and Sri R. R. Singh, learned Counsel for the Respondent No. 6.
(3.) SRI Ashok Khare, Senior Advocate, learned Counsel for the petitioner submitted that the Zila Panchayal, Mainpuri, had resolved to terminate the services of the Respondent No. 6 and the matter is pending for gram of approval before the U. P. Secondary Service Commission and Selection Board, Allahabad,. in terms of the Section 21 of the U. P. Secondary Education Selection Board Act, 1982, According to him, the seniority alone is not consideration for appointment on the post of Principal the suitability has also to be judged. In support of the aforesaid plea, learned Counsel for the petitioner relied upon a decision of the Supreme Court in the case of Ram Muni Singh v. District Inspector of Schools, Deoria and others, reported in 1995 Supplement (3) Supreme Court Cases 170. Sri R. R. Singh, learned Counsel for the Respondent No. 6, however, submitted that ijill date the U. P. Secondary Education Service Commission and Selection Board, Allahabad, has not given any approval to the proposal of the Zila Panchayat for terminating the services of the Respondent No. 6 and, therefore, he should be treated as suitable for the post of Principal. According to him, the Respondent No. 6 being senior in age as compared to the petitioner he is to be treated as the senior most teacher and, therefore, entitled for being promoted on the post of Principal of me said college.;