- (1.) Harish Chandra s/o Khelai Ram has approached this Court with a request to quash the order dated 15th July, 2013 passed by the District Inspector of Schools, Azamgarh wherein signatures of Amal Kishore Singh s/o Ram Kishore Singh has been attested to function as officiating Headmaster of the institution concerned.
(2.) Brief background of the present case is that Yashoda Lal Mishra Ucchatar Mahavidyalaya, Bada Gaon, Azamgarh, is an educational institution imparting education upto the High School level. The said institution is duly recognized under the provisions of U.P. Intermediate Education Act, 1921 and the regulations framed thereunder. The institution concerned is in the grant-in-aid list of the State Government, in view of this, provisions of U.P. High School & Intermediate Colleges (Payment of Salaries of Teachers and other employees) Act, 1971 are also applicable to the said institution. Apart from the above, the provisions of the reservation act i.e. U.P. Act No. 4 of 1994 and the U.P. Secondary Education Services Selection Board Act, 1982 are also applicable to the said institution.
(3.) In the institution concerned petitioner was appointed as Assistant Teacher LT Grade in the Scheduled Caste category pursuant to the letter dated 20th July, 2004 send by the District Inspector of Schools, Azamgarh addressed to the Manager of the Managing Committee of the institution concerned. Thereafter, petitioner was issued appointment letter as TGT Grade Teacher in Sanskrit on 4th August, 2004. Amal Kishore Singh, respondent no. 5, was also recommended by the U.P. Secondary Education Service Selection Board and this much has been accepted that in his favour also District Inspector of Schools on 20th July, 2004 issued letter appointing him as Assistant Teacher in Physical Education and appointment letter had been issued in favour of Amal Kishore Singh also on 4th August, 2004 and as far as petitioner is concerned he joined duties on 4th August, 2004 and as far as Amal Kishore Singh is concerned he joined duties on 5th August, 2004. Petitioner has proceeded to mention that salary had been paid to both the incumbents w.e.f. 5th August, 2004. It has also been sought to be contended that petitioner has always been shown senior to the contesting respondent no. 5 and this much has been accepted that at no point of time any seniority list in consonance with the provisions as contained under Chapter II Regulation 3 of U.P. Act No. II of 1921, had ever been prepared or circulated. Petitioner submits that he has moved an application on 25th April, 2013 to the Manager of the Managing Committee of the institution concerned requesting him to supply a copy of seniority list and the matter was sent to the District Inspector of Schools seeking his opinion in the matter and then District Inspector of Schools asked that the Committee of Management is the Competent Authority and should take a decision on the same. Petitioner submits that thereafter he has been insisting and requesting to the Committee of Management of the institution concerned to accept him senior viz.a.viz. respondent no. 5. Petitioner submits that Committee of Management of the institution concerned thereafter disclosed the seniority and therein he was shown junior viz.a.viz. Amal Kishore Singh, the respondent no. 5. Petitioner submits that thereafter he raised his objections but his objections has gone unheeded and, thereafter, petitioner submits that on 30th June, 2013, post of Headmaster was to fall vacant and at this juncture he requested before the Management that charge in question be handed over to him but his point of view has not at all been considered and signatures of Amal Kishore Singh has been attested treating him senior viz.a.viz. petitioner on 15.07.2013 and at this juncture petitioner is before this Court.;