TRILOKI NATH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri K.K. Mani for the petitioner and Sri Rahul Shripat, learner Counsel appearing for the respondent No. 5.

(2.) By this writ petition, the petitioner has prayed for quashing the order dated 4.8.2006, passed by the District Inspector of Schools attesting the signature of respondent No. 5 as officiating Principal of the institution and the order dated 13.10.2006, passed by the Join, Director of Education declaring the respondent No. 5 senior to the petitioner and approving the decision of the District Inspector of Schools recognising the respondent No. 5 as ad-hoc Principal.

(3.) Brief facts necessary for deciding the writ petition are that the post of Principal of the institution fell vacant on 30.6.2006 due to retirement of earlier incumbent. The Committee of Management passed a resolution dated 28.5.2006 recommending the respondent No. 5 to be appointed as officiating Principal. The District Inspector of Schools vide order dated 4.8.2006 attested the signature of respondent No. 5 as officiating Principal. The petitioner aggrieved by the order dated 4.8.2006 filed writ petition No. 36426 of 2006, which was disposed of vide order dated 13.7.2006 permitting the petitioner to approach the Joint Director of Education, who was required to pass a reasoned and speaking order. This Court also observed that facts indicate that authority concerned was required to decide the seniority dispute between the petitioner and Chandra Shekhar Pandey.