RAJENDRA PRASAD SHUKLA Vs. RAM CHANDRA SINGH

JUDGEMENT

(1.) This special appeal arises out of the judgement and order of learned Single Judge dated 7.1.2004, whereby the writ petition has been allowed and the impugned orders dated 16.12.2002, 13.12.2002 and 17.12.2002 contained in Annexures 1,3 and 2 respectively have been quashed. Aggrieved by said judgement, the appellant has preferred this special appeal.

(2.) In short the facts of the case are that according to the seniority list dated 4.12.1999, the appellant is said to be the senior-most teacher of the college. On 30.6.2002, one Sri H.S. Mishra who was working as Principal of the college retired as such a permanent vacancy of the Principal fell vacant. The appellant being the senior most teacher was asked to officiate as Principal on 1.7.2002. Initially the appellant accepted the additional responsibilities, however, by letter dated 4.7.2002 addressed to Authorized Controller, the appellant declined to continue as officiating Principal due to personal reason as a consequence whereof, options from the lecturers in order of seniority were obtained. The first three lecturers, in order of seniority, declined to officiate as Principal. The next person i.e. Ashok Kumar Pandey accepted to shoulder responsibility of officiating Principal.

(3.) It is in this background that Ashok Kumar Pandey was appointed as officiating Principal of the college on 18.7.2002. Unfortunately, Ashok Kumar Pandey died on 22.11.2002. The actual controversy started after the death of Ashok Kumar Pandey because by that time, the appellant felt that he is now in a position to share extra responsibility of officiating Principal, which he initially declined due to some personal reasons. Accordingly on 27.11.2002, the appellant made a representation to the Authorized Controller requesting him to consider his case for the post of officiating Principal being the senior most teacher in the institution in light of section 18 of U.P. Secondary Education Services Commission and Selection Board Act 1982 which inter-alia provides that the senior most teacher shall be permitted to function as Principal of an Institution. However, in the mean time the District Inspector of Schools on 4.12.2002, passed an order that the person next to Ashok Kumar Pandey in the seniority list be appointed as officiating Principal. Subsequently, the District Inspector of Schools by an order dated 13.12.2002 cancelled/withdrew his order dated 4.12.2002 in light of communication dated 2.6.1992 of Director of Education containing certain guidelines to be followed by the authorities in the matter of appointment of officiating Principal.