BIRENDRA SINGH Vs. DIRECTOR OF EDUCATION HIGHER

JUDGEMENT

(1.) This writ petition deals with the interpretation of Statute 13.20 of Deen Dayal Upadhyaya University, Gorakhpur (the University). The question is whether the senior most teacher in an affiliated degree college is entitled to continue as officiating principal under all circumstances or can he be relieved of the charge on the ground that an inquiry is contemplated against him regarding his conduct as the officiating principal. Facts :

(2.) The permanent Principal of Hira Lal Ram Niwas Post Graduate College, Khalilabad district Sant Kabir Nagar (the College) retired and a vacancy arose on 30.6.2003. This College is affiliated to the University. Sri T.N. Upadhya is the senior most teacher in the College. Sri Upadhya did not accept the post of officiating principal of the College. The petitioner is the second senior most in the College and he was appointed as officiating principal on 1.7.2003. He is working since then. There are some complaints against the petitioner regarding his working as the officiating principal. In this regard an inquiry committee was constituted on 14.10.2004 by the Committee of Management to give its report within three months. In view of the inquiry, the petitioner was relieved as officiating principal and in his place Dr. Arjun Ram Tripathi was appointed as the officiating principal. Hence, the present writ petition. Submissions of the petitioner :

(3.) We have heard Counsel for the parties. Counter and rejoinder affidavits have been exchanged and with the consent of the parties, the writ petition is being finally decided at this stage. The Counsel for the petitioner has raised following submissions before us : I. The use of the word "shall" in the Statute 13.20 shows that it is mandatory and the petitioner is entitled to continue even if any inquiry, is initiated against him. II. The petitioner has filed the Writ Petition No. 26937 of 2004 claiming salary of the principal. The committee of management has filed a counter-affidavit in this writ petition. There is neither any allegation of mismanagement in the counter-affidavit in W.P. No. 26937 of 2004 nor in the certificate dated 14.1.2004 given by the Committee of Management. The inquiry is malafide and purposive. III. The petitioner may be suspended but cannot be relieved as the officiating Principal. IV. The impugned order is null and void as no opportunity has been afforded to the petitioner. 1st Submission : Shall Mandatory--but the Officiating Principal can be relieved :