USHA WAHI Vs. DISTRICT INSPECTOR OF SCHOOLS MEERUT

JUDGEMENT

(1.) These are three writ petitions, one filed by officiating Principal of Arya Kanya Inter College, Sadar, Meerut. seeking mandamus for direction to respondents to refrain from interfering in her functioning as Principal till regular selection is held by the Selection Board. The second and third writ petitions have been filed by the selected candidate, one to restrain the earlier Principal from taking over as permanent Principal as she had retired before the appointment letter was issued to her and second to restrain the respondents from holding fresh selection.

(2.) In Arya Kanya Inter College, Sadar, Meerut (in brief institution) one Smt. Shakuntala Garg was working as permanent Principal. She retired on 30.6.1990. The next seniormost lecturer Smt. Subhashni Gupta was appointed as ad hoc Principal on 1.7.1990. The management sent a requisition through the District Inspector of Schools to U. P. Secondary Education Services Commission to fill the post of permanent Principal. The commission proceeded to hold selection for the post of Principal and prepared a panel of selected candidates on 15.4.1997 in the panel the name of Smt. Subhashni Gupta was placed at serial No. 1, the name of Smt. Raj Bala Sharma the respondent No. 3 was placed at serial No. 2 and the name of Smt. Braj Bala Sharma was placed at serial No. 3. In pursuance of selection made by commission, no appointment letter was issued by the educational authorities probably because of general interim order dated 17.10.1996 passed by this Court in Civil Misc. Writ Petition No. 31115 of 1996. In large number of petitions the validity of selections made by the commission was challenged. It was upheld by Division Bench in Balak Singh Kushwaha v. State of U. P. and others, (1998) 3 UPLBEC 1989. During the pendency of the writ petition, the educational authorities did not issue appointment letters to the candidates selected by the commission. After the decision in Balak Singh Kushwaha (supra), the Joint Director of Education, 1st Region, Meerut, directed the District Inspector of Schools on 16.1.1999 to implement the appointment of Principal as per the panel selected by the commission. Smt. Subhashni Gupta, who was working as ad hoc Principal in the meantime, had retired on 1.1.1999. She was permitted to continue, tilt the end of academic session under Regulation 21 of Chapter III of the Regulation framed under the U. P. Intermediate Education Act. 1921 (in brief Regulation). The District Inspector of Schools issued a letter on 8.2.1999 to the management to issue an appointment letter as per the panel selected by the commission. The management issued appointment letter on 4.3.1999 and appointed Smt. Subhashni Gupta as permanent Principal of the institution. Smt. Raj Bala Sharma the respondent No. 3 challenged the appointment of Smt. Subhashni Gupta by means of Civil Misc. Writ Petition No. 18546 of 1999 on the ground that before Smt. Subhashni Gupta could be appointed, she had retired on 1.1.1999 and she could not be appointed regular Principal after retirement, therefore, the respondent No. 3 being at serial No. 2 in the panel was entitled to be appointed as permanent Principal of the institution. This Court passed an interim order on 10.5.1999 and stayed the appointment letter issued on 4.3.1999 by the management. The Court permitted Smt. Subhashni Gupta to continue to work as ad hoc Principal till 30.6.1999, the last date of the academic session. Smt. Subhashni Gupta retired on 30.6.1999. The management appointed. Smt. Usha Wahi the petitioner who was the seniormost lecturer, as officiating Principal on 1.7.1999. She filed Civil Misc. Writ Petition No. 30305 of 1999 for a direction to the respondents that no interference be made in her working as officiating Principal of the Institution as panel prepared by the commission on 15.4.1997 stood exhausted after appointment of Smt. Subhashni Gupta. Therefore, Smt. Raj Bala Sharma could not claim the post of Principal on the basis of panel prepared by the commission on 15.4.1997. This Court passed an interim order on 23.7.1999 and permitted the petitioner to continue as ad hoc Principal. Smt. Raj Bala Sharma the respondent No. 3 filed another Writ Petition No. 11933 of 2000 before this Court as the Commission/Selection Board had issued an advertisement No. 1/99/2000 dated 24.12.1999 published in the newspaper "Amar Ujala" on 1.1.2000 for holding fresh selection for the post of Principal. And she claimed that since the dispute is pending before this Court and till her claim is decided, the Commission/Board should not proceed to fill up the post of Principal in the institution. This Court passed an interim order on 27.3.2000 that the Selection Board shall not make selection for the post of Principal in the institution. The petitioner has claimed by amending the writ petition that Smt. Subhashni Gupta stood regularised as Principal of the institution under Section 33A (1A) of U. P. Act No. 5 of 1982, therefore, the panel prepared by the commission was of no use.

(3.) I have heard Shri K. P. Bajpai, Sri Vinod Sinha, Sri V. K. Shukla and Sri M. C. Chaturvedi Additional Chief Standing Counsel, appearing for the parties in all the three writ petitions. Smt. Subhashni Gupta who had been arrayed as respondent No. 5 in Writ Petition No. 18546 of 1999 wherein her appointment as permanent Principal has been stayed has not put in appearance despite notice sent to her by registered post on 13.5.1999. She is left with no interest. Service on her is deemed to be sufficient. Since affidavits have been exchanged, all the three writ petitions have been taken up for final disposal with the consent of learned counsel for the parties. Writ Petition No. 30305 of 1999 shall be the leading writ petition.