- (1.) ARUN Tandon, J. Heard Sri P. S. Baghel, Advocate on behalf of Ram Lal Tripathi (petitioner), Sri G. K. Singh and Sri V. K. Singh, Advocates on behalf of Sri Shiv Bahadur Singh (respondent No. 5), Sri M. K. Srivastava, Advocate on behalf of Sri Sangam Lal Shukla (respondent No. 6) and learned Standing Counsel on behalf of other respondents.
(2.) MAHABEER Intermediate College, Bichhiya Bankat, Sant Ravi Das Nagar is an institution recognised under the provisions of U. P. Intermediate Education Act, 1921. The provisions of U. P. Secondary Education Services Selection Board, 1982 and Rules and Regulations framed thereunder are fully applicable to the said institution. Ram Lal Tripathi (petitioner) filed Civil Misc. Writ Petition No. 53693 of 2003 for quashing the seniority list dated 8th July, 2003 and further for a writ of mandamus commanding the State- respondents to declare the petitioner to be the senior most Lecturer in the institution. Civil Misc. Writ Petition No. 38716 of 2006 has also been filed by Ram Lal Tripathi (petitioner) for quashing the order of the District Inspector of Schools, Sant Ravi Das Nagar dated 30th June, 2006 whereunder Shiv Bahadur Singh (respondent No. 5) has been appointed as the Officiating Principal in view of Section 18 of the U. P. Secondary Education Services Selection Board Act. 1982. It has been provided under the same order of the District Inspector of Schools that in case the petitioner has any grievance with regard to the seniority of Sri Shiv Bahadur Singh (respondent No. 5), he may file his objection before the Manager. If the Manager decides against him, he may file an appeal before the Regional Joint Director of Education, Region concerned. Petitioner has also prayed for a writ of mandamus commanding the respondents to give the charge of Principal to the petitioner. FACTS :
(3.) RAM Lal Tripathi (petitioner) claims to have been appointed as C. T. Grade teacher on 8th September, 1971 with the approval of the District Inspector of Schools, thereafter he was promoted in L. T. Grade on 2nd January, 1984. RAM Lal Tripathi was granted ad hoc promotion as Lecturer on 26th September, 1991. Under an order dated 3rd November, 2003, he has been regularised on the post of Lecturer w. e. f. 7th September, 1993 with reference to Section 33-C of the U. P. Secondary Education Services Selection Board Act, 1982. (Reference Annexure-1 to the writ petition ). Sri Shiv Bahadur Singh (respondent No. 5) claims that he was appointed as L. T. Grade teacher on 10th December, 1974. He was confirmed on the said post w. e. f. 10th December, 1975. Thereafter he was promoted on ad hoc basis as Lecturer (Sociology) on 25th October, 1983 against a newly created post of Lecturer Sociology.;