RAJPAL SINGH Vs. D I O S

JUDGEMENT

(1.) By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner Raj Pal Singh, seeks a writ, order or direction in the nature of certiorari quashing the order dated 13.7.1994 passed by the District Inspector of Schools, Jaunpur, respondent No. 1, whereby the signature of Surendra Nath Singh, respondent No. 4, has been attested as Principal of Krishak Inter College, Thana Gaddi, district Jaunpur and other consequential reliefs.

(2.) Briefly staled, the facts giving rise to the present writ petition are as follows : In the district of Jaunpur, there is an Intermediate College in the name of Krishak Inter College (hereinafter referred to as "the College") situate at Thana Gaddi. It is a recognised institution and receives grant-in-aid from the State Government. It is governed by the provisions of the U. P. Intermediate Education Act, 1921 and the regulations framed thereunder as also the U. P. Secondary Education Services Selection Board Act, 1982 and the rules framed thereunder. According to the petitioner, he was initially appointed as Assistant Teacher in the L.T. grade on 16th February, 1972 in the College. He was promoted as a Lecturer in Hindi on 1st March, 1978 whereas Surendra Nath Singh, respondent No. 4, was directly appointed as Lecturer in Sanskrit on 10th March, 1980. Sri Nityanand Singh, the Principal of the College, retired on 30th June, 1994. The Committee of Management, for some reason, did not want the petitioner to be appointed as ad hoc Principal and vide resolution dated 29th June, 1994 resolved to appoint the respondent No. 4 as ad hoc Principal. The District Inspector of Schools accepted the resolution vide order dated 13th July, 1994 and attested the signatures of the respondent No. 4 as ad hoc Principal of the College. The order dated 13th July, 1994 is under challenge in the present writ petition.

(3.) I have heard Sri B. P. Singh, learned counsel assisted by Sri Umesh Vats, on behalf of the petitioner and Sri D. S. M. Tripathi, the learned counsel for the respondent No. 4.