SURES KUMAR NIRANJAN Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER has field present writ petition, questioning the validity of order dated 25.07.2008 passed District Inspector of Schools, Jalaun in respect of joining of Jayanti Kumar Singh as Principal of Samar Singh Inter College, Rampura, District Jalaun. Brief background of the case is that in the district of Jalaun, there is an institution known as Samar Singh Inter College, Rampura, District Jalaun. Said institution is governed by the provisions of U.P. Act No. 2 of 1921, U.P. Act No. 5 of 1982 and U.P. Act No. 24 of 1971. Vacancy on the post of Principal was advertised by means of Advertisement No. 1/99-2000. Said advertisement was subject matter of challenge by Jaiveer Singh before this Court, and this Court on 04.12.2001 had passed an interim order to the effect that the post of Principal would not be filled up by recommendation till disposal of Special Appeal or the writ petition, whichever was earlier. Selection proceedings were held and therein from amongst two senior most teachers, Jaiveer Singh and Rajendra Kumar Tripathi were to be interviewed as teacher candidate. PETITIONER has contended that special appals were decided on 23.10.2003 and then S.L.P. was preferred by the State of U.P. and same was decided on 16.05.2008. Thereafter, order impugned has been passed. At this juncture present writ petition has been filed. Learned counsel for the petitioner, Sri Bheem Singh, Advocate, contended with vehemence that the petitioner was entitled to be called for interview and on account of the fact that the petitioner was not called for interview, entire selection proceeding was vitiated, as such writ petition deserves to be allowed. Countering the said submissions, learned Standing Counsel as well as Sri Niraj Tripathi, Advocate, contended that writ petition is misconceived on the face of it, and petitioner cannot prevent the regularly selected candidate from joining in the institution as Principal. After respective arguments have been advanced, factual position which emerges in the present case is that pursuant to Advertisement No.1/99-2000 selection proceedings were finalised and panel was prepared on 31.03.2003, wherein respondent No.5 was shown to have been selected as Principal for the College in question, but on account of order passed by this Court in Special Appeal decided on 23.10.2003, said panel could not be implemented and given effect to. The judgment in Special Appeal subsequently stood reversed by Hon'ble Apex Court vide its order dated 16.05.2008. Thereafter, the panel in question is sought to be implemented and given effect to. At this juncture, petitioner has come forward by contending that he was entitled to be called for interview on the ground that second senior most teacher was ineligible for the post of Principal. The claim of the petitioner cannot be accepted, inasmuch as at no point of time, petitioner had ever questioned the validity of the select panel during long drawn litigation, which went even up to Hon'ble Apex Court. After the entire matter has been finalised and the select panel has been sought to be enforced, then such a belated plea raised by the petitioner cannot be accepted, as right to be considered is of two senior most teachers and admittedly at the said point of time when interview had taken place, the petitioner was not the second senior most teacher, and in this background, prayer made cannot be accepted or accorded. Consequently, writ petition fails and the same is dismissed.