MOHD AYYUB KHAN Vs. STATE OF U P

JUDGEMENT

(1.) -We have heard Sri R.C. Dwivedi, learned counsel for the appellant, learned standing counsel appearing for respondents No. 1 and 2 and Sri Azad Khan, advocate holding brief of Sri S. Islam, learned counsel appearing for respondent No. 4.

(2.) THE District Inspector of Schools, Deoria by his order dated 26.8.2008 held that Sri Muzafrul Hasan was the seniormost lecturer in the institution, Mohd. Samiullah is the second seniormost lecturer in the institution and the District Inspector of Schools has cancelled the appointment of Mohd. Ayyub Khan as ad hoc principal of the institution as he has found that since Sri Muzafrul Hasan had refused to shoulder the responsibility of officiating principal, hence Sri Samiullah, lecturer next in the order of seniority, was entitled to be appointed on the post of officiating principal. This order was challenged by Mohd. Ayyub Khan by filing writ petition being Civil Misc. Writ Petition No. 4833 of 2008, dismissed by the learned single Judge by his judgment and order dated 17.9.2008, which has been challenged in this appeal.

(3.) SECTION 18 of the U. P. Secondary Education Services Selection Board Act, 1982 provides for making ad hoc appointment. SECTION 18 would not be applicable to a minority institution in view of SECTION 30 of the aforesaid Act, which exempts minority institution from the operation of the Act itself. The proviso to Regulation 2 (1) of Chapter II of the Regulations framed under the Intermediate Education Act provides that a temporary vacancy could be filled by promotion of the seniormost qualified teacher of the institution. This provision is applicable only to other institutions, but they are not applicable to minority institutions, which are governed by the provisions of SECTION 16FF of U. P. Intermediate Education Act. For ready reference Regulation 2 (1) of Chapter II of the Regulations is extracted below :