DHANESH KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) SUNIL Ambwani, J. Heard counsel for the petitioner and learned standing counsel for respondents.

(2.) THE respondent No. 5 is senior most teacher in lecturer's grade in the institution. On the retirement of permanent principal, he took over charge as officiating principal in July, 2002. In April, 2003, he gave in writing that on account of illness, he shall not be able to continue as officiating principal and thus the second senior most person namely Sri Subhash Chandra Gupta was appointed as officiating principal. Sri Subhash Chandra Gupta resigned on 25-11-2003 on the ground of some domestic circumstances after which the third senior most person Sri Adarsh Kumar was offered to officiate as principal. Sri Adarsh Kumar declined to accept the office of officiating principal as he was going to retire on 30-6-2004. In these circumstances, the authorised controller handed over charge of the officiating principal to the 4th senior most teacher on 25-11-2003. It is at this stage the respondent No. 5 again appeared before the District Inspector of Schools and requested to officiate as principal on the ground that he has recovered from illness. By impugned order, the District Inspector of Schools has disapproved the proposal of the authorised controller to allow the petitioner, who is the 4th senior most teacher to officiate as principal and has accepted the representation of the respondent No. 5 to resume charge of officiating principal.

(3.) THE letter dated 25-4-2003 sent by respondent No. 5 was conditional. This letter cannot be treated to be a resignation, and inability to function as officiating principal forever. It was written on the ground that he was not keeping good health. THE petitioner had given adequate and bonafide reasons, to decline to function as officiating principal. Once the stated disability was removed, he requested to be considered to officiate as Principal. THE judgment in Satya Veer Singh's case (supra) does not give any reason or state any principle of law to arrive at a conclusion that once senior most teacher declines, he cannot be subsequently appointed as officiating principal.