- (1.) PETITIONER has rushed to this Court with request to quash the order dated 05.09.2012 (Annexure-9 to the writ petition) wherein District Inspector of Schools Sant Kabir Nagar has proceeded to pass order directing therein that petitioner is not entitled to function as Officiating/Adhoc Principal as he does not fulfil requisite minimum eligibility criteria prescribed under U.P. Act No. II of 1921.
(2.) BRIEF background of the case as has been mentioned in the writ petition is that Sant Kabir Acharya Ram Vilas Inter College, Magahar District Sant Kabir Nagar is a recognized and aided institution under the U.P. Intermediate Education Act, 1921 and payment to the teaching and non-teaching staff is made under the U.P. High School and Intermediate College (Payment of Salaries of the Teachers and other Employees) Act, 1971. The service conditions of the Teacher are governed under the provisions of the U.P. Secondary Education Service Selection Board Act, 1982 and Rules framed there under. Petitioner submits that one Chandra Bhan Yadav was working as principal on adhoc basis in the institution who retired on 30.06.2012 as such post of principal fell vacant on 01.07.2012 in the institution concerned. By the letter dated 18.06.2012 the respondent no. 4 directed Chandra Bhan Yadav to hand over charge of principal to the petitioner. Petitioner was selected as Lecturer by the U.P. Secondary Education Services Selection Board in the institution and after being issued appointment letter by the management of the institution petitioner submitted his joining report on 29.01.2005 ans since then petitioner has been working in the institution on the post of lecturer in the institution. The respondent no. 5 was also selected by the U.P. Secondary Education Services Selection Board on the post of Lecturer and respondent No. 5 also joined in the institution on 25.05.2006 after the appointment letter being issued by the management of the institution and since then the respondent no. 5 also has been working on the post of lecturer in the institution. Petitioner submits that a seniority list of lecturer working in the institution was also prepared by the respondent no. 4 and the said seniority list had been duly signed by the manager and the principal and counter signed by the District Inspector of Schools Sant Kabir Nagar. Petitioner submits that since petitioner has completed more than five years regular service in lecturer grade and was senior most lecturer in the institution, as such after the retirement of principal of the institution on 30.06.2012, the District Inspector of Schools vide letter dated 02.07.2012 directed the respondent no. 4 to appoint the petitioner as officiating principal of the institution. Petitioner submits that a resolution was passed by the Committee of management on 30.06.2012 and the promotion of senior most lecturer to the post of officiating principal was considered by the respondent No.4. After the appointment of the petitioner as officiating principal in the institution, the relevant papers were submitted before the District Inspector of Schools on 03.07.2012 for attestation of signature of the petitioner as officiating principal of the institution. Thereafter District Inspector of Schools vide order dated 12/13.07.2012 approved the resolution dated 30.06.2012 of the respondent no. 4 appointing the petitioner as officiating principal of the institution on the ground that the petitioner is senior most lecturer and the District Inspector of Schools attested the signature of the petitioner as officiating principal and the signature of the petitioner as officiating principal had been attested by the respondent no. 4 and petitioner is working as officiating principal in the institution.
(3.) THEREAFTER respondent no. 4 approached this Court and filed a writ petition being Civil Misc. Writ Petition No. 34536 of 2012 which was finally disposed of by this Court by judgement and order dated 19.07.2012 directed the District Inspector of Schools to take a decision in the matter preferably within three months from the date of presentation of certified copy of the order. In pursuance of the judgement dated 19.07.2012 of this Court the District Inspector of Schools had decided the matter of appointment of officiating principal in the institution on 05.09.2012 disapproving the appointment of petitioner on the post of officiating principal on the ground that the petitioner is not qualified for the post of principal and directed the respondent no.4 to get attested the signature of respondent no. 5 as officiating principal in the institution. At this juncture present writ petition in question has been filed. Sri B.P. Yadav, learned counsel for the petitioner stated that under Section 18 of U.P. Act V of 1982, right to function as Officiating/Adhoc Principal has been conferred upon senior most teacher and said provision in itself does not talks of eligibility criteria and in view of this merely on the ground that petitioner is not qualified for the post of Principal right to function as Principal of petitioner cannot be defeated as has been done in the present case, as such writ petition in question deserves to be allowed.;