RAKESH TIWARI,J. - (1.) HEARD Sri Shailendra, counsel for the petitioner, Sri Vatsal Srivastava appearing for respondent no. 4 and standing counsel representing respondent no. 1 & 5. Respondent no. 2 - District Basic Education Officer, Meerut and respondent no. 3- Committee of management have not filed any counter affidavit inspite of the fact that time was granted to them while passing detailed order dated 7.8.08 rejecting prayer for interim relief.
(2.) RELIEF claimed by the petitioner is for quashing of the order dated 11.7.2008 passed by the DIOS, Meerut appended as annexure no. 24 to the writ petition, on the ground that it is an ex parte order and has been passed without affording any opportunity of hearing to him. The petitioner has also prayed for a writ of mandamus for commanding the respondents not to interfere in his peaceful working as officiating Headmaster in Maharshi Dayanand High School Mohammadpur Dhoomi, Meerut ( hereinafter referred to as the institution ). A further prayer has been made for any suitable writ, order or direction which the Court may deem fit and proper in the circumstances of the case. The institution earlier was a aided junior High school and was subsequently raised to the level of unaided High school. The petitioner claims to be officiating Headmaster in the institution having been appointed vide order dated 28.6.2005 as teachers senior to him including the respondent no. 4, had declined to officiate as such.
(3.) MOOT question raised by Sri Shailendra, counsel for petitioner in the aforesaid backdrop is that once the petitioner had been given charge of officiating Headmaster though he is admittedly junior to respondent no.4, who had shown his inability to officiate as Headmaster, then can respondent no. 4 again claim for the post as officiating Headmaster ?;