- (1.) The appellant was selected for the post of Principal of the Janta Inter College, Pipra Kachhar, District Deoria on 18 March 2010 by the Uttar Pradesh Secondary Education Services Selection Board. Initially, Writ Petition No 23501 of 2010 was filed by a lecturer of the institution, Prabhu Nath Singh challenging the select panel. An interim order was passed in the writ petition on 20 May 2010. On the basis of the interim order, Prabhu Nath Singh continued to work as officiating Principal until he retired on 30 June 2012. The said writ petition was dismissed as infructuous on 7 March 2013 and the interim order came to an end. Subsequently, another lecturer, Jay Nath Singh who obtained the charge of the post of officiating Principal filed a writ petition (Civil Misc Writ Petition No 35020 of 2012) challenging the select panel and was granted an interim order on 7 March 2013 on the basis of which he continued to act as officiating Principal until his retirement on 30 June 2015. The fifth respondent, Kaushal Kishore Singh filed Civil Misc Writ Petition No 37814 of 2015 challenging the select panel of 2010 in which an interim order was passed by a learned Single Judge on 13 July 2015 restraining interference in his functioning as an officiating Principal. The interim order was passed on the basis of the earlier interim order dated 20 May 2010 in the writ petition instituted by Prabhu Nath Singh which has been dismissed as infructuous on 7 March 2013. In a special appeal (Special Appeal No 582 of 2015), a Division Bench of this Court by an order dated 26 August 2015 set aside the interim order of the learned Single Judge dated 13 July 2015 on the ground that the interim order was based on an earlier interim order dated 20 May 2010 which was not in existence once the writ petition has been dismissed as infructuous on 7 March 2013. However, while setting aside the interim order, liberty was granted to the fifth respondent to move the learned Single Judge afresh. The fifth respondent filed a fresh writ petition on 16 November 2015 by which he sought to challenge an order of the District Inspector of Schools, Deoria dated 8 September 2015 attaching the appellant to his office and for the payment of his salary. The salary of the appellant was fixed in the grade of Principal on 28 September 2015 which was also sought to be challenged. The learned Single Judge entertained the writ petition and by the impugned order dated 24 November 2015 stayed the operation of the order of the District Inspector of Schools, Deoria dated 8 September 2015. The learned Single Judge has once again referred to the interim order which was passed in Writ Petition No 23501 of 2010 filed by Prabhu Nath Singh. Admittedly, that writ petition was dismissed as infructuous on 7 March 2013 upon the retirement of Prabhu Nath Singh and the interim order ceased to exist. Subsequently, another writ petition was filed by Jay Nath Singh in which an interim order was passed on the basis of which he continued to serve as officiating Principal till his retirement. Insofar as the fifth respondent is concerned, in his writ petition, an interim order was passed on 13 July 2015 which was vacated by the Division Bench in a special appeal on 26 August 2015.
(2.) In the impugned order of the learned Single Judge, there is not even a prima facie finding in regard to the eligibility of the appellant. As a matter of fact, the selection of the appellant has not been questioned in the writ petition which has been filed by the fifth respondent. The learned Single Judge has, in fact, observed that the issue of eligibility of the appellant has not been adjudicated finally in any of the writ petitions and is yet to be adjudicated. If that be the position, we find no reason or justification for the learned Single Judge to have passed an interim order, the effect of which is to prevent a candidate who is duly selected by the Uttar Pradesh Secondary Education Services Selection Board from assuming charge. It appears that as a result of successive writ petitions which have been filed, as we have noted above, a duly selected candidate is being prevented from assuming charge as Principal. The fifth respondent is only an officiating Principal. In his writ petition, he has not challenged the selection of the appellant and hence we see no reason for the learned Single Judge to have passed the impugned interim order. Though we are conscious of the fact that the special appeal is directed against an interlocutory order and that this Court would be circumspect in interfering with interlocutory orders, we find that a fit and proper case is made out for interference in the facts and circumstances of the case.
(3.) We accordingly allow the special appeal and set aside the impugned order of the learned Single Judge dated 24 November 2015 staying the operation of the order of the District Inspector of Schools, Deoria dated 8 September 2015.;