HUKAM SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY means of this writ petition, the pe titioner has sought writ in the nature of certiorari quashing the seniority list dated 26-12-2001 (Annexure-1 to the writ peti tion) of the Lecturers of Panna Lal Bhalla Inter College, Haridwar. A mandamus has further been sought to declare the peti tioner Officiating Principal of said college.

(2.) HEARD learned counsel for the par ties.

(3.) IN the counter affidavit of respond-lent No. 3 i. e. Manager of RL. B. College, mi has been stated that the petitioner was Lecturer in English w. e. f. 15-01-1981 in murli Manohar INter College Ishpurteel, District Muzaffarnagar and was transferred to RL. B. INter College, Haridwar. Defend ing the impugned seniority list, it has been stated on behalf of respondent No. 3 that the petitioner was to be placed at the bot tom of the seniority of the teachers in the grade he was working. Relying on Rule 61 of Regulations framed under U. P INterme diate Education Act, 1921, it is stated that respondent No. 4 is senior to the petitioner and is officiating as Principal, in accordance with law. It is further stated in para-10 of the counter affidavit of re spondent No. 3 that on 01-07-2001, re spondent No. 4 has been promoted on adhoc basis and is not officiating on the post of Principal. However, it is stated that the adhoc appointment of respondent No. 4 is only till the Principal is selected through Commission.