KUNWAR PAL SINGH Vs. DIRECTOR OF EDUCATION ALIASSECONDARYALIAS

JUDGEMENT

(1.) R. K. Agrawal, J. The petitioner, Kunwar Pal Singh, has approached this Court under Article 226 of the Constitution of India by filing the present writ petition seeking a writ order on direction in the nature of certiorari quashing the order dated 7-2-2001 passed by the Director of Education U. P. Lucknow, Respondent No. 1, filed as Annexure No. 16 to the writ petition. He further seeks a writ order or direction of suitable nature restraining the respondents from taking any action on the basis of theorder dated 7-2-2001 passed by the Respondent No. 1 and from interfering in the functioning of the petitioner as officiating Principal of Chaudhary Suraj Singh Zila Panchayat Inter College, Jagir, District Mainpuri.

(2.) THE facts of the case in brief are that the Zila Panchayat Mainpuri runs and manages two recognised educational institution in the district of Mainpuri, namely, Chaudhary Suraj Singh Zila Panchayat Inter College, Jagir, district Mainpuri and Shri Rajendra Singh Zila Panchayat Uchattar Madhymaik Vidyalaya Nawa THEda district Mainpuri. According to the petitioner, he was appointed on 19-7-78 on the post of Lecturer in Economics in Chaudhary Suraj Singh Zila Panchayat Inter College, Jagir district Mainpuri, whereas Udai Raj Singh Rathor, Respondent No. 6, was appointed on the same date as Lecturer in Civics and Geography on 19-7-78. According to the petitioner, Respondent No. 6 was not eligible for appointment on the post of Lecturer in Civics and Geography as he was overage, his date of birth being 30-7-47 and he was more than 30 years age on 1-1-78. Some complaint was made against the appointment of the Respondent No. 6 before the Director of Education on which report was called from the District Inspector of Schools. Finally a direction was given to the Zila Panchayat Mainpuri to take proceeding against Respondent No. 6 in accordance with the Zila Panchayat Rules. According to the petitioner, departmental proceedings were initiated and the Zila Panchayat had resolved to dispense with the services of the Respondent No. 6 and the matter is pending before the U. P. Secondary Education Service Selection Board, Allahabad, for approval as required under Section 21 of the U. P. Secondary Education Service Selection Board Act, 1982.

(3.) SRI Ashok Khare, Senior Advocate, learned Counsel for the petitioner submitted that the Zila Panchayal, Mainpuri, had resolved to terminate the services of the Respondent No. 6 and the matter is pending for gram of approval before the U. P. Secondary Service Commission and Selection Board, Allahabad,. in terms of the Section 21 of the U. P. Secondary Education Selection Board Act, 1982, According to him, the seniority alone is not consideration for appointment on the post of Principal the suitability has also to be judged. In support of the aforesaid plea, learned Counsel for the petitioner relied upon a decision of the Supreme Court in the case of Ram Muni Singh v. District Inspector of Schools, Deoria and others, reported in 1995 Supplement (3) Supreme Court Cases 170.