MAHATAM SINGH Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned Senior Counsel for the petitioner, learned Standing Counsel for the State and Sri Rajeev Mishra, learned Counsel for the respondent No. 4.

(2.) The petitioner is admittedly the senior most teacher in the lecturer grade in the institution. The petitioner was working in the institution when two other teachers, who were senior to him, namely Surya Prasad Singh and Suresh Bahadur Singh were claiming to function as officiating principals upon the retirement of the permanent Principal Prem Bahadur Singh. The fact that the vacancy occurred on 30th June, 2000 is not disputed and the same vacancy continues to exist is also not disputed.

(3.) It appears that in a dispute between Surya Prasad Singh and Suresh Bahadur Singh, the Committee of Management took a decision to handover the charge of officiating principal to the respondent No. 4-Rajendra Prasad Upadhyaya. Accordingly, the respondent No. 4 was appointed as officiating Principal and his signatures were attested on 4th July, 2000.