RAJESH KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Rajesh Kumar Singh s/o Chandra Bhushan Singh is before this Court assailing the validity of the order dated 7th April, 2016 in Writ Petition No.14359 of 2016, wherein learned Single Judge has proceeded to pass an order by mentioning "I do not find any reason for granting any interim relief in the matter".

(2.) It is being submitted on behalf of petitioner -appellant that he had applied for consideration of his candidature for the post of Principal pursuant to the advertisement made by U.P. Secondary Education Service Selection Board vide Advertisement No.1 of 2008 and petitioner -appellant claims that he has been selected in the panel of selected candidates declared, which was declared on 7th December, 2009 by the Secretary of the Board. Petitioner -Appellant submits that in spite of the fact that he has been a selected candidate, his joining in question has not at all been ensured and in order to resist the joining of appellant as Principal, Writ Petition No.17090 of 2010 has been preferred and interim order was passed on 7th May, 2010 and against the same, Special Appeal No.1023 of 2010 has been preferred and order dated 7th May, 2010 was quashed by order dated 7th June, 2010 and against the same, SLP bearing (Civil) No.21783 of 2010 has been preferred before the Apex Court and the same was dismissed on 13th August, 2010. Petitioner -Appellant submits that in spite of these orders in his favour, he was not being permitted to perform his duties as Principal and accordingly, order of Single operation was passed. Petitioner -appellant has contended that all attempt was made to thwart of his joining. Petitioner -appellant has contended that with great difficulty he was permitted to function as Principal but his harassment and victimization continued. Petitioner -appellant submits that thereafter an attempt was made to raise as issue in respect of his educational qualification and specially in reference of the experience.

(3.) Petitioner -appellant stated that in this direction issue was raised and in the said issue, initially, learned Single Judge submitted that once selection process is over, U.P. Secondary Education Service Selection Board has no right to intervene. Petitioner -appellant has contended that in Special Appeal No. 476 of 2014, the authority of Board to take action has been approved and thereafter complaint has been made to the Board and the Board has proceeded to non -suit the claim of appellant on the basis of experience. Petitioner -appellant submits that he has proceeded to raise pertinent issue in writ petition, wherein a prima facie strong case was made out by him to grant interim order in faovur of petitioner -appellant and in view of this, this Court should intervene in the matter as on account of non grant of interim order valuable right of petitioner -appellant are being infringed on totally unfounded grounds mentioned in the order impugned.