LAWS(ALL)-1993-4-11

BHOLA RAM SHARMA Vs. DISTRICT INSPECTOR OF SCHOOLS

Decided On April 20, 1993
Bhola Ram Sharma Appellant
V/S
District Inspector Of Schools And Ors Respondents

JUDGEMENT

(1.) On the presentation of this writ petition fortunately or unfortunately the pleadings have been exchanged by the rival contenders. A counter affidavit has been filed along with an application seeking impleadment is the writ petition, which is permitted to Dayanand Tyagi (now Respondent No. 4) who claims himself to be the seniormost teacher at the (sic)lastitotion Sanatan Dharm Inter College, Meerapur, District Muzaffarnagar.

(2.) In the petition, the issue is that the management of the aforesaid institution by its order of 8 March, 1993 (Annexure 6 to the writ petition) intimated the Petitioner that he will not henceforth function as the officiating Principal. Thus, the only issue in the petition is on who ought to be the officiating Principal.

(3.) The facts op which there is no issue are that the Petitioner is not the seniormost teacher and the permanent Principal in facing disciplinary proceedings and suspended, implying thereby that a temporary vacancy has arisen on a post of a principal and this vacancy has to be filled up.