LAWS(ALL)-1997-7-77

COMMITTEE OF MANAGEMENT OF RASHTRIYA INTER COLLEGE MAHARAJGANJ AND ANR Vs. DISTRICT INSPECTOR OF SCHOOLS MAHARAJGANJ

Decided On July 22, 1997
COMMITTEE OF MANAGEMENT OF RASHTRIYA INTER COLLEGE MAHARAJGANJ Appellant
V/S
DISTRICT INSPECTOR OF SCHOOLS MAHARAJGANJ Respondents

JUDGEMENT

(1.) SUDHIR Narain, J This writ peti tion is directed against the order dated 1st July, 1997 passed by the District Inspector of Schools, Maharajganj attesting the sig nature of respondent No. 3 as officiating Principal in Rashtriya Inter College, Bali Nichlaul, district Maharajganj (hereinafter referred to as the institution ).

(2.) I have heard Sri Ashok Khare ap pearing on behalf of Committee of Management and Sri Ashok Mehta for respondent No. 3.

(3.) PROVISO to the said regulation provides that the post shall be filled by the promotion of the senior most qualified teacher, if any in the highest grade in the institution. This proviso has been con sidered in Rudha Raizada and others v. Committee of Management, Vidyawati Darbari Girls Inter College and others, (1994) 3 UPLBEC 1551. Paras 45 and 46 of the judgment lays down guidelines for making ad hoc appointment to the post of principal. The court has held that a Prin cipal is not only required to teach the stu dents but in fact he has to run the institu tion. He is captain of the team. A Principal is entrusted with enormous administrative responsibilities and for that, only a person who is fit to discharge such function, deserves to be appointed. In para 46 guidelines have been laid down to exclude any arbitrariness on behalf of Committee of Management.