- (1.) This special appeal is directed against the judgement and order of learned single Judge dated 16.07.2013 passed in Writ- A No. 37706 of 2013.
(2.) The appellant was working as Principal of Major Jugraj Singh Inter College, Jasmai in the district of Mainpuri. The respondent no.7, who was working as a Head Clerk in the same Institution, had filed the writ application alleging therein that the appellant is an accused in a case being Case Crime No.102 of 2007 registered for commission of offences u/s 147/148/149/302/307 and 504 of the Indian Penal Code at P.S. Bewar in the district of Mainpuri. The further case of the respondent no.7 in the writ petition was that in the said criminal case investigation has been completed, charge sheet has been submitted and the matter is awaiting trial. According to respondent no.7, Rule 6 of U.P. Secondary Education Services Selection Board Rules, 1998 provides that character of a candidate for direct recruitment to a post of teacher, must be such as to render him suitable in all respects for employment in an educational institution and the Board must satisfy itself in this regard. Ignoring the fact that the present appellant was involved in a criminal case, the Board recommended his name. The Learned Single Judge in the impugned order directed the U.P. Secondary Education Services Selection Board at Allahabad to look into the matter as to whether the appellant has disclosed this fact or not and as to whether any exercise has been undertaken by the Board in consonance with the aforesaid 1998 Rules. Challenging the said order, this appeal has been filed solely on the ground that the respondent no.7 had no locus to file the writ petition.
(3.) Shri R.K. Ojha, learned Senior Counsel assisted by Shri A.K. Singh, learned counsel appearing for the appellant, questioned the locus of the respondent no.7 to file such a writ petition on the ground that the appellant while working as Principal of the said Institution had taken certain disciplinary action against the respondent no.7, which had resulted in filing of the writ petition by the respondent no.7. It was further contended by Shri R.K. Ojha, learned Senior Counsel appearing for the appellant that the relevant Rules provide that only in case of conviction of the person in a criminal case, the Board may refuse to recommend the name of such candidate and in the present case the trial is pending and there is no order of conviction. Therefore, according to Shri Ojha, learned Senior Counsel appearing for the appellant, neither the writ application was maintainable at the instance of the respondent no. 7 nor was there any necessity on the part of the learned Single Judge to direct an inquiry to be conducted by the U.P. Secondary Education Services Selection Board in absence of an order of conviction for offence involving moral turpitude.;