NAYYER SUBZWARI Vs. STATE OF U P

JUDGEMENT

(1.) The fight in this petition is in respect to the post of Principal in an intermediate college known as G.D.A.V, Kanya Inter College, Anushahr. Bulandshahr (hereinafter referred to as the college).

(2.) In pursuance of an advertisement No. 1/95-96 dated 13.12.1995, by which applications were invited against existing substantive vacancy of the Principal the petitioner besides large number of other candidates applied. The petitioner having been selected by the U. P. Secondary Education Services Commission, Allahabad (now U. P. Secondary Education Services Board, Allahabad) (hereinafter referred to as the Board), for appointment as Principal, her name was finally shown in the panel for the post of Principal in the college. The panel was forwarded by the Board on 15.4.1997. On 22.1.1999, the District Inspector of Schools directed the management of the college to issue appointment letter to the petitioner and to permit her to Join after verification of certificates of educational qualifications. Km. Uma Sharma, the main contender for the post in question, who has been impleaded in this petition as respondent No. 6, who was working as ad hoc Principal in the college challenged the recommendation of respondent No. 2 dated 16.4.1997 in favour of the petitioner and the consequential order of the District Inspector of Schools dated 22.1.1999 by filing Writ Petition No. 20789 of 1999 claiming regularisation as Principal. In that writ petition on 16.2.1999, after a direction of issuance of notice, the Joint Director of Education was simultaneously directed to pass appropriate orders within six weeks as to whether the petitioner's services is to be regularised in view of the provisions of Section 33A of U. P. Secondary Education Services Commission Act or not. The respondent No. 3/Joint Director of Education in compliance of the orders of this Court examined the representation of Km. Uma Sharma and by order dated 11,5.1999 held that she is not entitled for regularisation on the post of Principal. The order of the Joint Director of Education dated 11.5.1999 was challenged by Km. Uma Sharma before this Court by filing Writ Petition No. 20789 of 1999 in which, following relief were claimed :

(3.) The writ petition filed by Km. Uma Sharma was finally decided by this Court by the judgment dated 22.4.2000 and it was held that she has no right to the post of Principal and accordingly, writ petition was dismissed. After dismissal of the writ petitions, the District