SUSHILA GUPTA WIFE OF DINESH CHANDRA GUPTA OFFICIATING PRINCIPAL Vs. JOINT DIRECTOR OF EDUCATION KANPUR REGION

JUDGEMENT

(1.) The dispute in the present writ petition pertains to the appointment on the post of Head-mistress of an institution, which was initially established and recognized as a Junior High School and was also receiving the grant-in-aid from the State funds up to that level but was later on granted recognition vide orders dated 1.8.1992 and 14.9.1995 as a High School and then as an Inter College under the provisions of the U.P. Intermediate Education Act, 1921.

(2.) The controversy arose when the permanent Headmistress/Principal of the institution Smt. Sarla Dixit retired on 30.6.1999. The petitioner Smt. Sushila Gupta was placed under suspension which came to be disapproved, but instead of the petitioner, one Smt. Kusum Srivastava was allowed to officiate as Principal who also retired on 30.6.2001. Instead of giving charge to the petitioner to officiate as the Head-mistress/Principal of the institution, the Management favoured one Smt, Shashi Prabha Mishra, who according to the petitioner, is junior to her and therefore, the attempt of the respondent - committee to install Smt. Shashi Prabha Mishra was illegal. The Management further advertised the post on 11/12.6.2004 to fill up the post of Head-mistress/Principal of the institution treating the institution to be a Junior High School. The petitioner has challenged the advertisement as well as the attestation of signatures of Smt. Shashi Prabha Mishra as officiating Headmistress on 6.9.2004 by the District Basic Education Officer, Kanpur Nagar, in writ petition No. 41420 of 2004. This Court passed an interim order on 5.10.2004 directing the authority concerned not to undertake any action pursuant to the advertisement and further stayed the operation of the order dated 6.9.2004. A Special Appeal was preferred against the said interim order being Special Appeal No. 1393 of 2004 in which, the interim order, granted by the learned single Judge referred to herein above, was modified to the extent that the selection pursuant to the interim order shall go on and any appointment made shall be subject to the writ petition. Further directives were issued to decide the seniority of the petitioner, vis-a-vis Smt. Shashi Prabha Mishra, pursuant whereto, an order was passed by the District Basic Education Officer on 26.10.2004 holding that the petitioner is senior to Smt. Shashi Prabha Mishra.

(3.) As a result of the order in Special Appeal referred to herein above the selections were held by the Committee and one Smt. Manju Awasthi is stated to have been selected for the post of Head of the institution which was approved on 25.2.2005. This gave rise to another cause of action to the petitioner to file a second writ petition No. 33205 of 2005, wherein the order of the District Basic Education Officer approving the appointment of Smt. Manju Awasthi as a Head of the institution dated 25.2.2005 has been challenged. The approval has been given by the District Basic Education Officer treating the appointment to be under the Uttar Pradesh Recognized Basic School (Junior High School) Teachers Service Rules 1978. The principal ground of challenge in writ petition No. 41420 of 2004 is that once the institution has been upgraded as a High School in 1992. and has further been given the status of an Intermediate College in the year 1995 by way of recognition under the U.P. Intermediate Education Act, 1921, therefore, the selection and appointment to the post of Head of the institution could have only been made under the provisions of the U.P. Secondary Education Services Selection Board Act 1982 and the Rules framed thereunder that the appointment could not have been proceeded with under the 1978 Rules (supra) which was applicable to a Junior High School.