- (1.) This petition seeks the quashing of the order dated 3rd November, 2011 passed by the District Inspector of Schools, Mainpuri. A further direction has been sought that the respondents should not interfere with the functioning of the petitioner as the Officiating Principal of the Sanatan Dharm Inter College, Hasanpur, District Mainpuri (hereinafter referred to as the Institution').
(2.) It transpires from the records of the writ petition that the petitioner was appointed as Officiating Principal of the Institution on 1st July, 2010 and his signatures were also attested by the District Inspector of Schools on 2nd July, 2010. On 30th January, 2011, the Committee of Management of the Institution resolved to suspend the petitioner and the order of suspension was issued on 31st January, 2011. The District Inspector of Schools, however, revoked the suspension order on 10th March, 2011. This order was assailed by the Committee of Management of the Institution in Writ Petition No. 16047 of 2011 and the petition was allowed by the judgment and order dated 29th March, 2011. The matter was remitted to the District Inspector of Schools to pass a fresh order expeditiously, preferably within one month from the date a certified copy of the order was filed.
(3.) The District Inspector of Schools, instead of expressing his views on the suspension order, passed an order on 27th August, 2011 for reversion of the petitioner from the post of Officiating Principal of the Institution to the post of Lecturer in Civics. This order was assailed by the petitioner in Writ Petition No. 52573 of 2011 in which an interim order was passed on 12th September, 2011 which is as follows : The Officiating Principal of Sanatan Dharm Inter College, Hasanpur, Mainpuri has filed this petition for quashing the order dated 27th August, 2011 passed by the District Inspector of Schools, Mainpuri by which he has approved the resolution of the Committee of Management of the Institution taken on 29th March, 2011 for reverting the petitioner from the post of ad-hoc Principal to the post of Lecturer. It is stated that the petitioner was earlier suspended by the Committee of Management by the order dated 31st January, 2011. This suspension order was revoked by the District Inspector of Schools by the order dated 10th March, 2011 but this order dated 10th March, 2011 was set aside by this Court on 29th March, 2011 in Writ Petition No. 16047 of 2011 and the District Inspector of Schools was directed to pass a fresh order in accordance with law. However, on the same date on which the High Court decided the petition, the Committee of Management of the Institution again resolved to not only revert the petitioner but also to lodge a First Information Report against him. The District Inspector of Schools instead of deciding whether he should grant approval to the suspension order or disapprove it, proceeded to examine what the Committee of Management of the Institution had resolved on 29th March, 2011 and approved the said resolution. It is the submission of Sri R.K. Ojha, learned counsel appearing for the petitioner that under Section 21 of the U.P. Secondary Education Services Selection Board Act, 1982, the Management could not have reverted the petitioner without the prior approval of the Board. It is also his submission that all that was required to be examined by the District Inspector of Schools was whether the suspension order should be approved or not. Prima facie, the submissions of learned counsel for the petitioner have force. The matter, therefore, requires examination. Learned Standing Counsel appears for respondent Nos. 1, 2 and 3. Issue notice to respondent Nos. 4 and 5 by registered post. Steps may be taken within a week. Respondents may file the counter-affidavit within a period of six weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List this petition for admission/hearing in the week commencing 7th November, 2011. In view of the submissions advanced by the learned counsel for the petitioner, it is ordered that the operation of the order dated 27th August, 2011 passed by the District Inspector of Schools, Mainpuri shall remain stayed till the next date of listing.;