SURESH CHANDRA SINGH Vs. STATE AND 7 OTHERS

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 4.7.2014, passed by District Inspector of Schools, Budaun, according approval to the resolution of the management dated 20.6.2014, deciding to revert the petitioner from the post of ad hoc Principal to the substantive post of lecturer and the resolution dated 20.6.2014 aforesaid and for permitting the petitioner to continue to work as Acting Principal of the Institution.

(2.) WITH the consent of learned counsel for the parties, this matter was heard finally on 24.9.2014 at the admission stage itself, as counsel for the respondents stated that basic facts are not in dispute.

(3.) THE facts of the case are that Rastriya Inter College Gulariya, Budaun (for short 'the Institution') is a recognised Institution under the provisions of Uttar Pradesh Intermediate Education Act, 1921. It is receiving grant in aid from the State Government and the provision of U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 are applicable to it. Selections and appointments of the teaching staff are made in accordance with the provisions of U.P. Secondary Education Services Selection Board, Act, 1982 (hereinafter referred as 'the Act of 1982'). On 30.6.2010, Om Pal Singh, Principal of the Institution retired. The management, by resolution dated 30.6.2010, resolved to promote the petitioner as ad hoc Principal, being the seniormost teacher. The District Inspector of Schools, by another order dated 18.12.2010, accorded approval to the ad hoc promotion of the petitioner as Principal of the Institution. By order dated 25.2.2011 passed by District Inspector of Schools, Budaun, the salary of the petitioner was fixed in the pay scale admissible to the Principal. The petitioner, thus, started working as ad hoc Principal in the Institution. It is admitted fact on record that till date, the Board had not recommended name of any person for regular appointment as Principal of the Institution and thus, the right of the seniormost teacher in the Institution to work as ad hoc Principal continues.