SHIV LOCHAN Vs. STATE OF U P

JUDGEMENT

(1.) This is not only a frivolous and mischievous petition but also apparently the petitioner has approached this Court with unclean hands by concealing the material facts.

(2.) Though the writ petition has been drafted in an innocuous manner, a simple reading of paragraphs 4 and 5 shows that he was initially appointed as Assistant Teacher in Maharana Pratap Purva Madhyamik Vidyalaya, Punapar Bhatauli, district Azamgarh (Presently district Mau) on 25.8.1977 and respondent No. 5 issued approval letter on 25.3.1982 in respect to the appointment of the petitioner. Para 6 further shows that respondent No. 5 also issued another letter on 12.1.1983 in respect to the appointment of teachers who were appointed before permanent recognition and granted approval in respect of the appointment of four teachers including the respondent No. 8, ignoring the petitioner and experience certificate claimed to be obtained by the petitioner in 1995 and thereafter he has mentioned that Maharana Pratap Purva Madhyamik Vidyalaya, Punapar Bhatauli, Mau was upgraded as Uchcha Prathmik Vidyalaya, i.e., Junior High School in December, 1996. Again he has said that the respondent No. 5 granted approval to the petitioner on 30.12.1996. The relief sought in the writ petition is that the petitioner should be given appointment to the post of Head Master in the concerned institution which has been mentioned by the petitioner's counsel as Maharana Pratap Purva Madhyamik Vidyalaya, Punapar Bhatauli, Mau.

(3.) However, on a closer scrutiny it is evident that the petitioner was initially appointed as Assistant Teacher in a privately managed recognized junior primary school, i.e., Maharana Pratap Purva Madhyamik Vidyalaya, Punapar Bhatauli, Azaragarh on 25.8.1977 (Annexure-2 to the writ petition) but on 25.3.1982 he was appointed on purely ad hoc/temporary basis as Assistant Teacher in Junior Basic School of Basic Shiksha Parishad by the District Basic Education Officer, Azamgarh. In order to join pursuant to the appointment letter dated 25.3.1982, the petitioner left his service from Maharana Pratap Purva Madhyamik Vidyalaya, Punapar Bhatauli, Mau and joined at Junior Basic School, Azamgarh therein. Later on at some point of time when Maharana Pratap Purva Madhyamik Vidyalaya, Punapar Bhatauli, Mau was upgraded, the petitioner somehow obtained some documents in order to lay his claim, after more than a decade, in Maharana Pratap Purva Madhyamik Vidyalaya, Punapar Bhatauli, Mau claiming seniority with effect from his initial appointment, i.e., 25.8.1977.