- (1.) Shyam Salona Singh, an officiating Principal at the Public Intermediate College, Manauri, Allahabad has filed the present petition challenging the order of the District Inspector of Schools dated 29 April, 1993 (Annexure 11, to the writ petition) on the ground that the Respondent No. 3 admittedly the seniormost Lecturer, cannot act as an officiating Principal. Fortunately, at the time of presentation of this petition, appearance has been entered on behalf of the Respondent No. 3. Thus, the person who, in fact, may be affected, is present before the Court and this petition can be decided at the admission stage.
(2.) Heard learned Counsel for the Petitioner. Mr. P.S. Baghel, learned Standing Counsel and Mr. Ganga Prasad. Advocate, appearing for the Respondent No. 3.
(3.) There is no issue that the Respondent No. 3, Bal Krishna Agrawal, Is not the seniormost Leoturer. The Petitioner accepts that he Is not the seniormost Leoturer and further, accepts that the Respondent No. 3 is the seniormost Lecturer, while the Respondent No. 3 also accepts that he had given in writing three letters appended to the petition, indicating to the management that he permits his status to act as officiating Principal to be Ignored, and. thereby, accepting that the management could make other arrangements. The only alternative to the management, at that time, was to ask the next seniormost teacher, l.e the Petitioner, to aet as the officiating Principal. Respondent no 3 has been refusing to act as an officiating Principal since 1 June, 1989, for more than three years. The Petitioner has been acting as officiating Principal w.e f 14 may, 1990, almost three years. Thus, the Petitioner understood that he was the officiating Principal and the Respondent No. 3 also accepted the situation, permitting (a) the Petitioner to act as an officiating Principal and (b) declining to act as such. In these circumstances, the principle of Section 115 of the Evidence Act, 1872, applies to the clrcumstences of, and issue in, the present petition.;