COMMITTEE OF MANAGEMENT MAHATMA GANDHI SALNIK INTER COLLEGE ETAWAH Vs. U P SECONDARY EDUCATIONSERVICE COMMISSION ALLAHABAD

JUDGEMENT

(1.) R. A. Sharma, J. The Committee of Management, Mahatma Gandhi Sainik Inter College, Pachhayan Gaon, Etawah (hereinafter referred to as 'the College"), appointed Sri Baij Nath Singh Yadav, Lec turer in the College, as Ad hoc Principal. This appointment was approved by the Dis trict Inspector of Schools (hereinafter referred 'to as 'the DIGS' ). Sri Dinesh Chandra Dubey challenged the said order appointing Sri Baij Nath Singh Yadav as Ad hoc Principal before this Court in Writ Peti tion No. 826 of 1990. The Committee of Management suspended Sri Dinesh Chandra Dubey and passed a resolution for his removal from service. In view of the provisions contained in the U. P. Secondary Education service Commission and Selec tion Board Act, 1982 (hereinafter referred to as 'the Act'), the removal of the Principal or teacher by the Committee of Manage ment can not be effective, unless approved by the Secondary Education Service Com missioner (hereinafter referred to as 'the Commission' ). The Committee of Manage ment accordingly sent its resolution for removal of Sri Dinesh Chandra Dubey from the post of Lecturer to the Commission. The Commission, however, rejected the froposal of the Committee vide order dated 7-2- 1990. The Committee of Management has thereafter filed Writ Petition No. 6360 of 1990 before this Court. Both these writ petitions were heard together by the learned single Judge who allowed Writ Petition No. 826 of 1990 on the ground that Sri Dinesh Chandra Dubey being the senior most Lecturer was entitled to be appointed as Ad Hoc Principal in view of the law taid down by a Division Bench of this Court in Km. Ban dana Banerji v. Administrator, Arya Kanaya Pathshala Inter College 1990 (1) U. P. 'l. B. E. C. 116 and accordingly directions were issued by the learned Judge to the Manage ment to hand over charge of the post of Ad hoc Principal to Sri Dinesh Chandra Dubey within a month from the date a certified copy of the Court's Order is produced before it. It was further directed that Sr; Dinesh Chandra Dubey shall continue tili a candidate duly selected by the Commission joins the post. The other Writ Petition No. 6360 of 1990 filed by the Committee of Management against the order of the Com mission rejecting the proposal of the Com mittee for removal of Sri Dinesh Chandra Dubey from service was dismissed by the learned Judge holding that Commission's order was a well considered and reasoned order which has been passed after hearing both the parties and after taking into con sideration the facts and circumstances of the case. Against the aforesaid judgment of the learned single Judge, two Special Appeals Nos. 202 of 1992 and 196 of 1992 have been filed by the Committee of Management. We have heard both the appeals together and they are being disposed of by a common judgment.

(2.) SRI Ashok Khare, learned Counsel for the appellant, has made two submissions in support of the appeals, namely, (1) the appointment of Ad hoc Principal of an In termediate College can not be made merely on the ground of seniority but it has to be on the basis of seniority cum merit and, there fore, the learned Single Judge was not jus tified in allowing the Writ Petition of SRI Dinesh Chandra Dubey merely on the ground that he was senior most Lecturer and (2) the order of the Commission refus ing to approve the proposal of the commit tee of Management to remove SRI Dinesh Chandra Dubey from service is vitiated be cause it was based upon a Farzi/fictitious Character Roll.

(3.) THE other Writ Petition No. 6360 of 1990 is directed against the order of the Commission refusing to approve the action of the Management for removal of Sri Dubey. THE Commission had disapproved the action of the Management on several grounds, one of which is the appointment of Manager of the College as Enquiry Officer. Regulation 35 Chapter III framed under the U. P. Intermediate Education Act which provides for appointment of Enquiry Of ficer is reproduced below: "35. On receipt of a complaint or an adverse report of fact of a serious nature, the Committee may in the case of a teacher appoint the Head Master or Principal or Manager as the Enquiry Officer (or the Manager may himself set up the enquiry if such power has been delegated to him by the Committee under the Rules) and in the case of Head Master or Principal, small sub-Com mittee with instructions to submit the report as expeditiously as possible".