- (1.) PANKAJ Mithal, J. The petitioner by means of the present writ petition has challenged the seniority list dated 5-11-1996 (Annexure 10), the order of the Committee of Management of the institution dated 8-7-1997 (Annexure 11) rejecting the objections of the petitioner against the aforesaid seniority list, the order of the Dy. Director of Education, Gorakhpur dated 9-10-1997 (Annexure 14) and the appellate order dated 20-2- 1999 (Annexure 16) passed by the Joint Director of Education, Basti Region Basti.
(2.) THE brief facts are that Goswami Tulsidas Uchhatar Madhyamik Vidhyalaya, Dandwaghat, Siddharth Nagar is an aided and a recognized institution, which is imparting education upto High School. THE institution received recognition on 18-9-1973 for imparting education in the subjects of Hindi, English, Sanskrit, Mathematics, Economics and Geography. THE petitioner was working as teacher of the institution w. e. f. 2-8-1971. However, on 1-8- 1974 the petitioner Mukund Singh and respondent No. 4 Balram Upadhaya were directly and substantively appointed as Assistant Teachers in L. T. Grade and both of them joined on 1-8-1974. THE appointments of both of them were duly approved by the District Inspector of Schools, Basti vide common order dated 18th February, 1977. THE petitioner and respondent No. 4 on the date of their appointment possessed qualification of M. A. B. Ed. However, in B. A. their subjects were different. Petitioner had Hindi, Ancient History and Sociology in B. A. whereas the respondent No. 4 did his B. A. with Hindi, Sanskrit and Geography. In Intermediate, the petitioner had not taken Sanskrit as one of the subjects whereas respondent No. 4 had Sanskrit in Intermediate and B. A. both. The petitioner's date of birth as recorded is 15-4-1945 and that of the respondent No. 4 is 1-1-1951. According to the petitioner as the respondent No. 4 and the petitioner were both appointed on the same date at the institution as Assistant Teachers in L. T. Grade and were also proved by a common order dated 8-2-1977, therefore, on the basis of their age, the petitioner for all practical purposes was always shown senior to respondent No. 4 in the seniority list of the staff of the institution. In the seniority list of the staff of the institution finalized for the year 1986-87 he was shown senior to the respondent No. 4 at SI. No. 2 just next to the Principal, Vidyadhar Diwedi and above respondent No. 4 who was shown at SI. No. 3. The said seniority list was duly signed by the respondent No. 4 without any reservation and protest and as such was admitted to him. Therefore, there is no doubt that the petitioner is senior to respondent No. 4.
(3.) THE permanent principal of the institution Sri Vidyadhar Diwedi retired on 30-6-1996. At the time of his retirement, the DIOS on the basis of the admitted seniority of the petitioner vide letter dated 30-6- 1997 directed the retiring principal to handover charge to the senior most teacher of the institution and accordingly the petitioner was given the charge as officiating principal and his signatures were duly attested by the DIOS on 4-7-1997. However, before the aforesaid permanent principal retired, the Committee of Management of the institution in collusion with the respondent No. 4 in order to sabotage the petitioner's appointment as officiating principal maneuvered and circulated a seniority list dated 5-11-1996 incorrectly showing the respondent No. 4 as senior to the petitioner. Therefore, the petitioner protested against the same and filed his objections on 10-12- 1996. However, the objections were rejected by the Committee of Management vide order dated 8-7-1997. Thus, under these compelling circumstances the petitioner was left with no alternative but to challenge the seniority list dated 5-11-1996 and the order rejecting his objections in appeal under Chapter II Regulation 3 (1) (f) framed under the U. P. Intermediate Education Act, 1921 before the Joint Director Education, Basti Region Basti.;