SUSHIL KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) THE petitioner has preferred this writ petition for quashing of the order of the District Inspector of Schools dated 16.5.2014, whereby he has rejected the claim of the petitioner on the ground that the petitioner did his M.A. without obtaining proper permission from the Management of the Institution. Briefly stated the facts are that Adarsh Inter College, Baharampur, Fatehpur (for short, "the Institution") is a recognized and aided Institution. The provisions of the U.P. Intermediate Education Act, 1921 (U.P. Act No. II of 1921), U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (U.P. Act No. 24 of 1971) and the U.P. Secondary Education (Services Selection Boards) Act, 1982 (U.P. Act No. 5 of 1982) are applicable to the Institution.

(2.) IT is stated that the post of the Principal fell vacant due to retirement of a regular Principal on 30.6.2013. In terms of Section 18 of the U.P. Act No. 5 of 1982 the senior most teacher is to be promoted as an ad hoc Principal. The petitioner claims that he is the senior most teacher in the Institution, however, ignoring his claim the respondent No. 5, who is junior to the petitioner, has been appointed as hoc Principal of the Institution. Previously, the petitioner has preferred a Writ Petition No. 5857 of 2014. The said writ petition was disposed of on 29.1.2014 with a direction to the District Inspector of Schools, Fatehpur i.e. respondent No. 3 (for short, "the DIOS") to pass a fresh order after hearing respective parties. In compliance thereof the DIOS has rejected the claim of the petitioner only on the ground that the petitioner did his M.A. when he was in service and without any information and permission from the Management of the Institution, he appeared in M.A. examinations. Since he has got the degree without informing the Committee of Management, therefore, the DIOS has ignored his Post Graduation degree and has held that in absence of Post Graduation degree the petitioner lacks essential qualification for appointment on the post of ad hoc Principal of the Institution, therefore, his claim has been rejected.

(3.) A counter affidavit has been filed, wherein it is stated that the respondent No. 5 was initially appointed as an Assistant Teacher in 2006 in Gandhi Smarak Kisan Inter College, Kiraoli, Agra and after following the procedure he was transferred in the present Institution in the year 2011. The respondent No. 5 has also contended that the Degree of the petitioner had been rightly ignored on the ground that he obtained the said degree without permission.