SHANKER DAYAL TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) This special appeal has been preferred against the judgment and order of the learned Single Judge dated 10.02.2004 passed in Civil Misc. Writ Petition No. 4128 of 2004, Shanker Dayal Tripathi v. State of U.P. and Ors., whereby, the writ petition filed by the appellant was dismissed.

(2.) There is an institution by the name of Adarsh Inter College Sarai Aqil, District Kaushambi, (hereinafter referred to as the Institution) which is recognized by the U.P. Intermediate Education Board, and is on the grant in aid list of the State Government. Sri Onkar Nath Mishra was the Principal of the Institution and upon his death on 19.11.2002, the post of Principal fell vacant. The short term vacancy which arose on the death of Sri Onkar Nath Mishra was to be filled up by the senior most lecturer subject to unsuitability. It is not in dispute that at that time in the seniority list of lecturers Sri Sadanand Lal Srivastava was at Serial No. 1, Sri Jai Shankar Dubey (respondent No. 5) at serial No. 2 and petitioner-appellant at serial No. 3. Sri Sadanand Lal Srivastava had completed the age of superannuation on 01. 07.2002, however, in order to complete the session he was continuing in the college as lecturer and, therefore, could not be given the charge of officiating Principal. The Authorized Controller who was managing the college at the relevant time forwarded the name of Sri Sadanand Lal Srivastava, however this was objected by Sri Jai Shankar Dubey and he claimed that he should be given the charge of the Principal. The District Inspector of Schools referred the dispute to the Joint Director of Education and at the same time directed the Authorized Controller to appoint some other teacher as officiating Principal as the two senior most teachers were at dispute with each other. On this, the Authorized Controller recommended the name of the petitioner-appellant and pursuant thereto the District inspector of Schools approved and attested the signatures of the petitioner-appellant on 28.02.2003 as officiating Principal. This approval of the petitioner-appellant was made looking to the urgent need of an officiating Principal to manage the institution for the time being on a completely ad hoc basis.

(3.) In the meantime Sri Jai Shanker Dubey filed CMWP No. 9516 of 2003 for direction to the Joint Director of Education to decide his representation with regard to the appointment as officiating Principal. This petition was disposed of with a direction to the Joint Director of Education vide order of this Court dated 28.02.2003. Pursuant to the said direction the Joint Director of Education vide order dated 20.03.2003 found that the senior most lecturer Sri Sada Nand Lal Srivastava could not hold administrative charge as he had already superannuated and was continuing only to complete the teaching session and, therefore, the next senior most lecturer Sri Jai Shanker Dubey was entitled for being appointed as officiating Principal. In the meantime the District Inspector of Schools vide his order-dated 12.03.2003 cancelled the approval and attestation of the signatures of the petitioner-appellant allowed by him on 28.02.2003.