- (1.) BY means of this writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 4.7.2014, passed by District Inspector of Schools, Budaun, according approval to the resolution of the management dated 20.6.2014, deciding to revert the petitioner from the post of ad hoc Principal to the substantive post of lecturer and the resolution dated 20.6.2014 aforesaid and for permitting the petitioner to continue to work as Acting Principal of the Institution.
(2.) WITH the consent of learned counsel for the parties, this matter was heard finally on 24.9.2014 at the admission stage itself, as counsel for the respondents stated that basic facts are not in dispute.
(3.) THE facts of the case are that Rastriya Inter College Gulariya, Budaun (for short 'the Institution') is a recognised Institution under the provisions of Uttar Pradesh Intermediate Education Act, 1921. It is receiving grant in aid from the State Government and the provision of U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 are applicable to it. Selections and appointments of the teaching staff are made in accordance with the provisions of U.P. Secondary Education Services Selection Board, Act, 1982 (hereinafter referred as 'the Act of 1982'). On 30.6.2010, Om Pal Singh, Principal of the Institution retired. The management, by resolution dated 30.6.2010, resolved to promote the petitioner as ad hoc Principal, being the seniormost teacher. The District Inspector of Schools, by another order dated 18.12.2010, accorded approval to the ad hoc promotion of the petitioner as Principal of the Institution. By order dated 25.2.2011 passed by District Inspector of Schools, Budaun, the salary of the petitioner was fixed in the pay scale admissible to the Principal. The petitioner, thus, started working as ad hoc Principal in the Institution. It is admitted fact on record that till date, the Board had not recommended name of any person for regular appointment as Principal of the Institution and thus, the right of the seniormost teacher in the Institution to work as ad hoc Principal continues. It seems that the District Inspector of Schools, by order dated 14.2.2014, made the petitioner Examination Superintendent for conducting Board's Examinations in the Institution. On 10.3.2014, during the second meeting of Intermediate Examination of Physics II paper, a surprise inspection was made by the Flying Squad. It found carbon copy of two pages of the answer sheet lying in the verandah, in front of room no.3. However, no one was found copying. The Flying Squad prepared an inspection report, in which according to the petitioner, there is no adverse observation against him, except that some improvement is needed in the supervision and checking mechanism. On 11.3.2014, the District Inspector of Schools passed order removing the petitioner from being Examination Superintendent and assigned the said duties to one Dharmendra Singh, the next seniormost lecturer in the Institution. Close to heal came another order of the District Inspector of Schools dated 13.3.2014, directing the management to take appropriate departmental proceedings against the petitioner for the incident relating to recovery of carbon copies of the answer sheet in the verandah opposite class room no.3. Based on such direction, the suspension order came to be passed on 19.3.2014. The petitioner was directed to handover the entire charge of the post of ad hoc Principal to Dharmendra Singh, the next seniormost lecturer and an enquiry committee was constituted. The suspension order was approved by the District Inspector of Schools, Budaun by order dated 21.5.2014. The case of the petitioner is that neither the order removing him as Examination Superintendent nor order approving suspension were passed after any notice or opportunity of hearing to him. On 31.3.2014, the petitioner represented before the District Inspector of Schools, regarding false charges levelled against him. On 27.5.2014, the enquiry officer served a charge sheet on the petitioner based on the incident in question. The preliminary report dated 8.4.2014 was not supplied to him. Enquiry committee was not constituted as per regulation 35 of Ch. III of the U.P. Intermediate Education Act, 1921. The petitioner filed writ petition no. 33085 of 2014 challenging the suspension order and the disciplinary proceedings, in which respondent no. 5 and 6 appeared by filing caveat and the aforesaid writ petition is still pending. The petitioner while on way back from Allahabad to Budaun on 16.6.2014, met with an accident and was admitted to Vinayak Hospital, Bareilly. He was discharged on 20.6.2014. However, the management in a jiffy, held a meeting on 20.6.2014 and resolved to revert the petitioner from post of ad hoc Principal to the substantive post of lecturer and forwarded the said resolution to the District Inspector of Schools, who by impugned order dated 4.7.2014, accorded approval to the same. Aggrieved thereby, the present writ petition has been filed.;