TRIYENDRA SINGH Vs. DISTRICT INSPECTOR OF SCHOOLS BIJNOR

JUDGEMENT

(1.) THERE is a school in the district of Bijnor, known as Ranjit Singh Memorial Inter College, Bholararapur, Dhampur. Bijnor. An unsavoury atmosphere amongst the staff occasioned a letter from the senior most teacher, otherwise the Ad hoc Principal, Shiv Kumar Singh, to write to the management that he should be relieved from the responsibility of his post, in effect, as the Principal. He wrote this letter on 18 December, 1991. It is not necessary for the court to go into the aspect what prompted him to write this letter. Five days later, Shiv Kumar Singh was writing to the management of the circumstances under which, mental agony or otherwise, he wrote his earlier letter, seeking to be relieved of his duties as a Principal and in his subsequent letter of 23 December, 1991, he retracted his earlier intention of not to hold the post of the Principal.

(2.) IN between, apparently, the advantage was taken by the second senior most teacher, one Triyendra Singh, who jumped into the foray of controversy to be placed as the Acting Principal. The question whether he took charge as Acting Principal, rightly or wrongly, is also not in issue as the fact of the matter is that Shiv Kumar Singh, at one stage, did express that he would not like to take the mantle of duties that be of a Principal. The management also could not make up its mind, who would sit on the seat of the Principal and wavered in. its decision It is also a fact on. record that the District INspector of Schools, at one stage, certified Shiv Kumar Singh to act as a Principal and, on another occasion, ratified the signatures of Triyendra Singh to act as a Principal. And, each time the management would change its decision, the District INspector of Schools would also likewise, respond, resulting in four petitions before the High Court, two in equal nnmber by Shiv Kumar Singh and Triyendra Singh, each claiming that, under the circumstances, he is the Principal of the College.

(3.) NO law would be applicable to resolve the conflict and the only solution will come in equity as here will apply the dictum of the great jurist Oliver Wendell Holmes; The life of the law has not been iogic : it has been experience. Between the jungle and the cobweb of the government orders, rules, regulations, the Act and statutes that make up today's Education Manuals no tailor made solution is available. Men make mistakes. So did Shiv Kumar Singh, when he made a halt-hearted resignation and retracted it five days later. Hereinafter only the age old rule of justice, equity and good conscience will bring a solution. Today the Court notices that the age of the seniormost teacher, Shiv Kumar Singh, is 57 years and he would retire, as teachers normally do, at the age of 60 years. Triyendra Singh is 46 years' old. While the going was good, Triyendra Singh, acted as the Principal but, if what is continuing before the Court, is allowed to be perpetuated, there would be mismanagement. Insofar as administration is concerned, there can be only one administrator. A school is no exception.