ABHAY KUAMR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner in this writ petition is aggrieved by the Notification dated 7.12.2009 issued by the, Secretary, U.P. Secondary Education Services Selection Board, Allahabad in so far as it pertains to Sri Shiv Mangal Singh Inter College, Beruabari, Ballia as also the order of the District Inspector of Schools, Ballia (hereinafter referred to as the DIOS) dated 2.1.2010 and the joining report dated 4.1.2010 in respect of the respondent no.5, Dr. Shatrughan Singh on the post of Principal of Sri Shiv Mangal Singh Inter College, Beruabari, Ballia.

(2.) The facts of the case, in brief, are that there is an Institution known as Sri Shiv Mangal Singh Inter College, Beruabari, Ballia (hereinafter referred to as the College), which is a duly recognized and aided Educational Institution governed by the provisions of the U.P. Intermediate Education Act, 1921 and the U.P. High Schools and Intermediate Colleges (Payment of Salaries Of Teachers and Other Employees) Act, 1971. The case of the petitioner is that he was appointed as Lecturer in the College on 15.1.1981 and at present he is the senior most Lecturer in the Institution. On 30.6.2008 one Shyama Singh, who was the senior most Lecturer and Officiating Ad hoc Principal of the Institution, retired from service. As a result, the post of Principal fell vacant. A requisition was made to the U.P. Secondary Eduction Service Selection Board, Allahabad for filling up the post of Principal in the said College. The Board issued Advertisement no.1/2008 for making appointments on the post of Principal in several Colleges including the college in question. One Rajendra Singh and the petitioner were called for interview by the U.P. Secondary Eduction Service Selection Board, Allahabad. The result of the selection was notified on 7.12.2009 and the following candidates were recommended for appointment:-

(3.) In the College in question the respondent no.5, Dr. Shatrughan Singh was recommended as a selected candidate as he was working as Lecturer in the Paramhansh Inter College, Majhwali, Ballia, but a serious question arose with regard to the very appointment of respondent no.5 on the post of Lecturer in the Paramhansh Inter College, Majhwali, Ballia on the ground that the approval to the appointment of the respondent no.5 in the Paramhansh Inter College was issued by one Sri Lakhan Singh, who at the relevant point of time, was the Finance and Accounts Officer in the office of the District Inspector of Schools, Ballia. In para 13 of the writ petition it is also stated that in respect of the appointments made and approval granted by Sri Lakhan Singh in District, Ballia disciplinary proceedings were also initiated against him. In the disciplinary proceedings Sri Lakhan Singh gave a reply denying having granted any approval to the appointment of the respondent no.5. The reply of Sri Lakhan Singh dated 22.2.1991 has been filed as Annexure-2 to the writ petition in which, Lakhan Singh has clearly stated that the charge of the office of District Inspector of Schools was with him for 20 days during the period the then DIOS was on medical leave but during his tenure he never made any appointment of any teacher or staff in any Institution in District-Ballia nor did he issue any approval in favour of any teacher or staff and that if any such approval is being used in his name the same is forged.