- (1.) Heard counsel for the petitioner and learned Standing Counsel who has put in appearance on behalf of respondent Nos. 1 to 3.
(2.) The writ petition is directed against order dated 11th July, 2011, Annexure 10 to the writ petition passed by District Inspector of Schools, Baghpat (hereinafter referred to as "DIOS") stating that in compliance of this Court's order dated 9th March, 2011 passed in Writ Petition No. 13771 of 2011 recognizing respondent No. 4 senior to the petitioner, she (respondent No. 4) be handed over charge of officiating principal, being senior most lecturer.
(3.) Learned counsel for the petitioner drew attention of this Court to the fact that dispute of seniority of respondent Nos. 4 and 5 is subject matter of writ petition No. 13771 of 2011 wherein this Court passed the following order on 9th March, 2011: Learned counsel for the petitioner is permitted to implead the District Inspector of Schools, Baghpat as respondent No. 5 in the array of parties. Heard learned counsel for the petitioner, learned standing counsel appearing for respondent Nos. 1 and 5 and Shri A.K. Yadav, learned counsel appearing for respondent No. 2. It is contended that the date of promotion of the petitioner to the post of lecturer is 12.5.2000 whereas that of respondent No. 4 is 27.11.2002 and thus, in view of Regulation 3 Chapter II of the Regulations framed under the U.P. Intermediate Education Act, 1921, admittedly, the petitioner would be senior to respondent No. 4 but the committee of management has wrongly and illegally forwarded her record to the selection board to be considered for appointment on the post of principal treating her to be the second senior most. Prima facie, from a perusal of the record, there appears to be force. Matter requires scrutiny. Learned standing counsel representing respondent Nos. 1 and 5 and Shri A.K. Yadav, learned counsel representing respondent No. 2 may file counter-affidavit within three weeks. Issue notice to respondent Nos. 3 and 4, who may also file counter-affidavit. Petitioner shall take steps for service of notice by the registered post within three days. Office shall issue notice returnable at an early date. List on the date fixed by the office on the notice. Considering the facts and circumstances, any recommendation made by the commission for appointment on the post of principal in the institution in question shall be subject to final result of the writ petition.;