Ravi S. Dhavan, J. - (1.) The accepted facts are that Brij Kishore Gupta is functioning as an Acting Principal, M.S. Inter College, Sikandrabad, District Bulandshahr, in pursuance of an order of the District Inspector of Schools dated 8 July, 1992, by which, in effect, he verified the petitioners signatures as officiating Principal. The certificate verifying the signatures of the petitioner as officiating Principal is appended to this petition as Annexure-4. The petitioner continued to act as an officiating Principal until he was confronted with an order of the District Inspector of Schools dated 16 March, 1993, in certain proceedings, in which, it is accepted, the petitioner was not a party.
(2.) After the petitioner began to function as an officiating Principal, the respondent No. 3, Sri Devendra Prakash Garg, filed a writ petition before this Court on 13 October, 1992. At the admission stage, the Court, considering the matter, disposed of the petition by permitting Devendra Prakash Garg, as the petitioner, to file a representation before the District Inspector of Schools to assert his claim, in effect, (a) as the senior-most teacher and (b) to act as an officiating Principal. Brij Kishore Gupta, the petitioner, in the present petition, has been made a respondent in the writ petition filed by Devendra Prakash Garg (Writ Petition No. 2079 of 1992), but there was no occasion for the petitioner to have noticed it as no notice was issued on the petition. The petition had been disposed of at the admission stage without notice to parties arrayed as respondents.
(3.) In so far as the District Inspector of Schools is concerned, he was under a direction of the High Court to consider the representation of Devendra Prakash Garg, on the basis of an order in the writ petition filed by the latter. The representation of Devendra Prakash Garg, thus, became a proceeding on rival claims on (a) who is the senior-most teacher, and (b) who ought to act as an officiating Principal. Notices were issued to the Manager of the Committee of Management of M.S. Inter College, Sikandaiabad, and to Devendra Prakash Garg as it was his representation that was under consideration before the District Inspector of Schools. No notice was issued by the District Inspector of Schools to the petitioner, Brij Kishore Gupta. A claim for seniority was a matter between Devendra Prakash Garg and Brij Kishore Gupta. On these facts and circumstances, there is no issue between the petitioner and the respondent No. 3, Devendra Prakash Garg. The aforesaid facts and circumstances are accepted by the learned counsel for the parties, i.e. learned counsel for the petitioner, Sri B.D. Mandhyan, and the respondent No. 3, on whose behalf Mr. Sharad Sharma, appears.;