DEO LAL Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner has filed present writ petition for issuing writ in the nature of mandamus commanding the respondent namely District Inspector of Schools, Allahabad to immediately pass orders on the proposal/resolution dated 24. 07. 2005 for removal of respondent no. 4 from the post of ad hoc Principal of the College. Representation dated 16. 08. 2005 has been perused. Said representation in question reflects that Abhilash Chand has been accepted as ad-hoc Principal and there is interim order passed in his favour. It has not at all been disclosed before this Court as to whether said interim order has been vacated or same is still subsisting. Said representation also reflects that Committee of Management of the institution has passed resolution for removal of Abhilash Chand, as ad hoc Principal of the institution and placement of petitioner. This fact has been admitted by the petitioner at the point of time when the matter has been taken up that no disciplinary proceedings whatsoever has been undertaken against Abhilash Chand in term of Regulations 35 to 37 of Chapter-III framed under U. P. Act No. II of 1921. Once no such action has been under taken then resolution on the face of it is of no consequence, and no credibility could be attached to the same. Moreover petitioner claims that after said resolution has been passed and as per same Abhilash Chand has been removed, then he is entitled to function as ad hoc Principal of the institution. Abhilash Chand by virtue of being senior most teacher is entitled to function as adhoc Principal under section 18 of U. P. Act No. V of 1982 till regular selected candidate is sent by the U. P. Secondary Education Services Selection Board or in the event he is placed under suspension and said suspension order is approved by the District Inspector of Schools or in the event disciplinary proceeding is undertaken against him and said action is approved by the U. P. Secondary Education Services Selection Board under Section 21 of U. P. Act No. V of 1982. Here in the present case, admittedly till date neither any resolution of suspension of Abhilash Chand has been passed nor any disciplinary proceedings has been undertaken, as such at the behest of the petitioner no writ of mandamus can be issued to take action on the resolution which is of no consequence on the face of it. Consequently present writ petition, as it has been framed and drawn, is dismissed. .