RAM BAKSH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) All the aforesaid 4 writ petitions are connected to each other and have been heard together, therefore, are being disposed of by this common judgment.

(2.) Writ Petition No. 35465 of 2002 has been filed challenging the order dated 23.7.2002 and 29.7.2002, appointing respondent no.2 Jai Prakash as officiating Principal of the institution and attesting his signature, respectively. Writ Petition No.8108 of 2003 has been filed challenging the advertisement issued for appointment to the post of Principal/ Head Master dated 31.1.2003, in accordance with the provisions of U.P. Basic Shiksha Service Recruitment Rules published in daily news paper 'Aaj' and also for restraining the respondents from interfering with the petitioner's working as officiating principal. In this writ petition, an order dated 20.2.2003 has been passed by this Court , restraining the management of the institution from making appointment, pursuant to the advertisement under challenge. Thereafter Writ Petition No. 29790 of 2003 has been filed by the petitioner for quashing the order dated 28.6.2003 passed by the District Inspector of Schools, Mainpuri attesting the signatures of Raghuraj Singh as officiating principal, pursuant to his appointment as Principal on 19.5.2003, which had been approved by the District Basic Shiksha Adhikari on 21.2.2003 as head master. Lastly, writ petition No. 70159 of 2005 has been filed challenging the Government Order dated 24.11.2001, whereby, the procedure to regulate functioning of Junior High School upgraded to High School and Intermediate levels have been specified.

(3.) The dispute in these petitions relates to the office of Principal/ Head Master in the institution known as Gautum Budh Junior High School Agra road Mainpuri, hitherto a recognised Junior High School. The institution was upgraded for the Sessions 1994-1995 upto High School level by order of the Secondary Education Board dated 30.5.1994 and the District Inspector of Schools, Mainpuri allowed running of High School Classes vide his order dated 1.5.1995. The institution was further upgraded in July, 1997 upto Intermediate level. The provisions of The Uttar Pradesh Junior High Schools, Payment of Salaries of Teachers and other Employees) Act, 1978 ( hereinafter referred to as the 'Salaries Act 1978') are applicable upon the institution. The petitioner in the institution had been appointed as Assistant Teacher in the year 1980, and at that stage, he possessed the qualification of Intermediate with B.T.C. The petitioner claims that with the prior permission of the concerned authorities, he pursued and passed B.A. and M.A. Examinations from University and also completed B. Ed.