RADHEY SHYAM RAJPUT Vs. STATE OF U P

JUDGEMENT

(1.) ASHOK Bhushan, J. Heard Sri S. C. Dwivedi, learned Counsel for the petitioner, Sri Y. K. Saxena, learned Counsel appearing for respondent No. 7 and learned Standing Counsel.

(2.) BY this writ petition, the petitioner has prayed for quashing the orders dated 15th September, 2007 passed by District Inspector of Schools and the order dated 6th October, 2007 passed by Joint Director of Education.

(3.) PETITIONER's case in, the writ petition is that after retirement of the officiating Principal on 30th June, 2007, the petitioner being senior-most teacher was ap pointed by the Committee of Management as officiating Principal and signatures of the petitioner were also attested as officiating Principal on 30th June, 2007. At the instance of respondent No. 7, the District Inspector of Schools passed two orders on 15th September, 2007 (Annexure-1 and 2 to the writ petition ). Annex-ure-1 to the writ petition is an order prepared by typewriter of the office of District Inspector of Schools and Annexure-2 to the writ petition is an order of the same date bearing same dispatch number prepared by computer. By Annexure-1 to the writ petition, the District Inspector of Schools has observed that in the seniority list dated 1st October, 1999 Har Mohan Singh (respondent No. 7) has been treated to be senior and the earlier officiating Principal Sri O. R Kanaujiya has levelled certain charges on the petitioner, hence the attestation of signatures of the peti tioner is not valid and is set-aside. By another order of the same date, the District Inspector of Schools observed that there are charges against the petitioner and in view of the seniority list of the year 1999 respondent No. 7 is recognised as officiating Principal and attestation of the signatures of the petitioner is cancelled. After the aforesaid the petitioner represented the matter to the Joint Director of Education who passed an order on 22nd September, 2007 staying, the order of the District Inspector of Schools. Subsequently by an order dated 6th October, 2007 the Joint Director of Education has observed that since the order prepared by typewriter on 15th September, 2007 has been informed to be ineffective, the letter dated 22nd September, 2007 is withdrawn. The petitioner's case is that petitioner and respondent No. 7 both were appointed on the same date, i. e. , on 13th September, 1974. The date of birth-of the petitioner being 16th April, 1947 and the date of birth of respondent No. 7 being 5th October, 1951, the petitioner is senior to respondent No. 7 and has always been shown senior. The petitioner has relied on the letter of the District Inspector of Schools dated 2nd April, 2003 sent to the Secretary, U. P. Secondary Education Service Selection Board by which name of Sri Om Prakash Kanaujiya and the petitioner has been forwarded as two seniormost teachers for selection on the post of Principal of the institution. Copy of the said letter has been enclosed as Annexure-4 to the writ petition. The se niority list prepared by the Management showing the petitioner senior has also been enclosed along with the said letter. The petitioner's case further is that after retirement of the permanent Principal on 30th June, 2003 Sri Om Prakash Kanaujiya having refused to work as Principal, the petitioner was given the charge and has worked for certain period. Subsequently Om Prakash Kanaujiya claimed entitlement to work and in his favour order was passed and Om Prakash Kanaujiya, was given charge in the month of August, 2004, who continued to work till 30th June, 2007.