PREM SINGH MANAV Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) BY its resolution dated 6 -4 -1986 committee of management of D.A.V. Intermediate College, Tatiri District Meerut (herein -after referred to as college), has declared Sri Prem Singh Manav, the petitioner in Writ Petition No. 0833 of 1987 (here -in -after referred to as petitioner) as the senior to Sri Babu Ram Verma, respondent No. 3. Against this resolution, Sri Babu Ram Verma filed appeal before the District Inspector of Schools, Meerut (here -in -after referred as D.I.O.S.), which has been allowed by order dated 10 -3 -1987. It is against this order of the D.I.O.S., that Writ Petition No. 6833 of 1987 has been filed by the petitioner. On 30 -6 -1987 the regular Principal of the college retired on account of which Sri P.S. Manav, a lecturer of the College, was appointed as Acting Principal of the college by the committee of management (here -in -after referred to as management). Sri P.S. Manav was, however, suspended by the management by its resolution dated 3 -12 -1989 and respondent No. 3 was appointed in his place as acting Principal, by the management vide its resolution dated 23 -12 -1989, a copy of which has been filed as Annexure -1 to the counter affidavit. On 31 -12 -1989 Sri P.S. Manav requested the management for permission to work as Lecturer in the college instead of acting Principal. The management, however, on 31 -12 -1989 resolved to permit the petitioner to work as acting Principal of the college. The D.I.O.S. however, by order dated 29 -1 -1990 did not approve the name of the petitioner for the post of acting Principal of the college. It appears that the management thereafter again requested the D.I.O.S. for approving the name of the petitioner for the post of acting Principal; but the D.I.O.S. by letter dated 1 -8 -1990, after referring to his earlier order dated 29 -1 -1990, has again declined to grant approval. Writ petition No. 23330 of 1990 has been filed by the management against the aforesaid two orders of the D.I.O.S. dated 29 -1 -1990 and 1 -8 -1990.

(2.) I have heard learned counsel for the petitioner, learned counsel for the respondents and learned Standing Counsel.

(3.) IT appears that the petitioner was appointed as L.T. grade teacher in the college on 18 -10 -1967 on probation and was confirmed on the said post in 1968. On 14 -2 -1972 he was promoted as lecturer in Political Science in the college. The respondent No. 3 on the other hand, was appointed on 18 -7 -1967 as lecturer in Arts in Gandhi Intermediate College, Charthawal, district Muzaffarnagar, on probation and was confirmed after one year on 18 -7 -1968. On 24 -11 -1973 he was appointed lecturer in the college by way of transfer. By virtue of Regulation 59 -A of Chapter III of the Regulations framed under the Intermediate Education Act, service rendered by the respondent No. 3 in the earlier institution from which he was transferred, was counted and was treated to be the service rendered in the college for the purpose of seniority. Accordingly seniority list of lecturers of the college along with other employees used to be prepared and circulated from 1973 to 1985 every year and in those lists the respondent No. 3 has been shown as senior to the petitioner. The petitioner never raised any objection against the appointment and the seniority of the respondent No. 3 in the college for about 13 years during which, as mentioned above seniority list was circulated from time to time. It is only in 1985 -86 that the petitioner raised an objection against the seniority of the respondent No. 3. As mentioned above, objections of the petitioner were accepted by the management; but the appeal filed by the respondent No. 3 was allowed by the D.I.O.S. and respondent No. 3 was declared as senior to the petitioner.