SHRI KANT MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri G.K. Singh for petitioner and Sri Ashok Khare, Senior Advocate, assisted by Smt. Anita Tripathi for respondents 5 & 6. Sri K. A. Singh appears for Committee of Management, Standing Counsel was heard for State -respondents.

(2.) THIS writ petition arises out of seniority dispute between the petitioner and respondent Nos. 5 and 6. The Ratan Sen Inter College, Bansi, District -Siddharth Nagar is recognized and is regulated by the provisions of U.P. Intermediate Education Act, 1921 and U.P. Secondary Education Services Selection Board Act, 1982. On the retirement of Sri Ram Deo Pandey working as ad hoc Principal objections were filed by petitioner Dr. Shrikant Misra, respondent No. 5 Sri Dinesh Chandra Pandey and respondent No. 6. Sri Pramod Shanker Pandey. One Sri Ram Gopal Misra also filed his objection. All the 4 persons claimed to be the senior -most Lecturers in the College. The Committee of Management by its decision dated 18 -7 -2002 found that the petitioner Dr. Shrikant Misra is the senior most amongst all. In the meantime, the out going ad hoc Principal forwarded the names of respondents 5 and 6 for selections for the post of permanent Principal to the U.P. Secondary Education Services Selection Board on 22 -5 -2002. The District Inspector of Schools sent a letter to the Board for staying the selection until the management decides the seniority dispute.

(3.) REGULATION 3 of Chapter III of the Regulations made under U.P. Intermediate Education Act, 1921, provides for preparation of seniority list by Committee of Management separately for each grade of teachers whether permanent or in temporary or on any substantive post. Sub -clauses 1(b) to (g) provides for determination of seniority of teachers in a grade and determine all dispute. Regulation 3 of Chapter III of the Act is quoted as below: