SHEO PRASAD DWIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner in this petition under Article 226 of the Constitution seeks a writ of mandamus commanding the opposite-parties to not to implement the panel of selection prepared by the U. P. Secondary Education Services Commission for appointment on the post of Head Master, Asal Deo Higher Secondary School Peeparpur, district Sultanpur. Further prayers made are that the opposite-parties be restrained from terminating the petitioner's services from the post of Head Master of the said school and that a mandamus be issued directing the opposite-parties to allow the petitioner to continue on the said post until the fresh selection is held and a new panel is prepared and notified under the provisions of the U. P. Secondary Education Services Commission Rules.

(2.) ACCORDING to the averments contained in the (sic) L. T. Grade in January, 1974. Krishna Pal Dubey who was Head Master of the institution is said to have died on 23-11-1980 and the petitioner was allowed to work as Incharge, Head Master with effect from 2-12-1980 on the ground of his being senior most teacher working in the L. T. Grade. The Committee of Management adopted resolution dated 5-9-1981 for promoting the petitioner to the post of Head Master on ad-hoc basis. The proposal was approved by the District Inspector of Schools by his order dated 8-12-1981. The petitioner's case is that he is entitled to continue to work on the post of Head Master on ad-hoc basis for so long as a candidate selected and recommended by the Commission or Board joins the post. It is the admitted position that the vacancy on the post of Head Master was notified to the Commission and the Commission prepared a panel of three teachers consisting of Amar Bahadur Singh, Triveni Prasad Misra and Radhey Shyam Tripathi. The petitioner's case is that Amar Bahadur Singh and Radhey Shyam Tripathi having1'been selected in other institutions also, have already joined as Head Masters and (?) Trivedi High School, Amethi but he did not join there and was then appointed to join at Kalikan High School, Sultanpur where too he declined to join. The petitioner's case is that the panel selected by the Commission for this institution lapsed on 9-12-1984 upon expiry of one year from the date on which the panel was notified, which date was 9-12-1983.

(3.) ACCORDING to the opposite-parties the penal notified by the Commission was acted upon in so far as the candidature of the opposite-party no. 5 is concerned because the District Inspector of Schools under order dated 12/18-7-1985 directed the Manager to issue a better of appointment in his favour. It is also submitted that the delay has been caused because of the petitioner's having filed the writ petitions and succeeding in obtaining stay orders. ACCORDING to the opposite-parties the periods from which the stay orders remained in operation have to be excluded from computing the period relevant for purposes of the validity of panel notified by the Commission.