DINESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER has rushed to this Court with request to quash the order dated 05.09.2012 (Annexure-9 to the writ petition) wherein District Inspector of Schools Sant Kabir Nagar has proceeded to pass order directing therein that petitioner is not entitled to function as Officiating/Adhoc Principal as he does not fulfil requisite minimum eligibility criteria prescribed under U.P. Act No. II of 1921.

(2.) BRIEF background of the case as has been mentioned in the writ petition is that Sant Kabir Acharya Ram Vilas Inter College, Magahar District Sant Kabir Nagar is a recognized and aided institution under the U.P. Intermediate Education Act, 1921 and payment to the teaching and non-teaching staff is made under the U.P. High School and Intermediate College (Payment of Salaries of the Teachers and other Employees) Act, 1971. The service conditions of the Teacher are governed under the provisions of the U.P. Secondary Education Service Selection Board Act, 1982 and Rules framed there under.

(3.) THEREAFTER respondent no. 4 approached this Court and filed a writ petition being Civil Misc. Writ Petition No. 34536 of 2012 which was finally disposed of by this Court by judgement and order dated 19.07.2012 directed the District Inspector of Schools to take a decision in the matter preferably within three months from the date of presentation of certified copy of the order. In pursuance of the judgement dated 19.07.2012 of this Court the District Inspector of Schools had decided the matter of appointment of officiating principal in the institution on 05.09.2012 disapproving the appointment of petitioner on the post of officiating principal on the ground that the petitioner is not qualified for the post of principal and directed the respondent no.4 to get attested the signature of respondent no. 5 as officiating principal in the institution. At this juncture present writ petition in question has been filed. Sri B.P. Yadav, learned counsel for the petitioner stated that under Section 18 of U.P. Act V of 1982, right to function as Officiating/Adhoc Principal has been conferred upon senior most teacher and said provision in itself does not talks of eligibility criteria and in view of this merely on the ground that petitioner is not qualified for the post of Principal right to function as Principal of petitioner cannot be defeated as has been done in the present case, as such writ petition in question deserves to be allowed.