DEOKI NANDAN KHANDELWAL Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) PRESENT writ petition has been filed by the petitioner for quashing of the order dated 31. 03. 2009 passed by the District inspector of Schools, Mathura, asking the Committee of Management of the institution concerned to ensure joining of Jagdish Chandra Agrawal as Principal of Rashtriya Inter College, Goverdhan, District Mathura.

(2.) BRIEF background of the case is that in the district of Mathura, there is a recognised institution known as Rashtriya Inter College, Goverdhan, District Mathura. Said institution is on the grant-in-aid list of the State Government, as such the provisions of U. P. Act No. 24 of 1971 were fully applicable. Selection and appointment on the posts of Principal, Lecturers and L. T. Grade Teachers has to be made as per the provisions of U. P. Act No. V of 1982 read with U. P. Secondary Education Service Selection Board Rules, 1998. The post of Principal had fallen vacant at Rashtriya Inter College, Goverdhan, District Mathura. Said post was duly notified and then advertised by the U. P. Secondary Education Service Selection Board by means of advertisement No. 1 of 2002. At the point of time when selection process was underway, one Hari Babu Kaushikm, who was functioning as officiating Principal at Rashtriya Inter College, Goverdhan, District Mathura, preferred writ petition No. 235 of 2003 before this Court, and this Court on 07. 01. 2003 passed order directing to maintain status-quo. Thereafter result of the said selection was declared on 25. 07. 2003 and for the institution in question the panel which was declared, therein the name of Satish Chandra figured at serial No. 1 and the name of Jagdish Chandra Agrawal figured at serial No. 2 and Pusa Ram at serial No. 3. Petitioner submits that after the said selection was made, appointment letter was issued by the Committee of Management of the institution in favour of Satish Chandra, and he joined the post of Principal on 01. 09. 2003. Thereafter, on 03. 09. 2003 papers were transmitted to the District Inspector of Schools for the purposes of attestation of signature. As nothing was done, reminder was sent on 30. 09. 2003, then a communication was sent by the office of the District Inspector of Schools mentioning therein that since there was an order of status-quo, as such Satish Chandra could not be permitted to join the institution and his signatures could not be attested, and it was suggested that it would be more appropriate that Satish Chandra be adjusted to some other institution. Faced with such situation, Satish Chandra returned back to his original institution, wherein he was maintaining his lien, from where he claims to have taken leave for one year. This Court heard the bunch of writ petitions and on 04. 11. 2003 and passed judgment cancelling entire selection on the posts of Principal made by the U. P. Secondary Education Service Selection Board pursuant to advertisement No. 1 of 2002. Against the said judgment of Division Bench of this Court, Special Leave Petition was filed before the Hon'ble Apex Court. Said SLP has been allowed on 16. 05. 2008, selections made have been upheld and the judgment passed by Division Bench has been set aside. Thereafter, the U. P. Secondary Education Service selection Board asked the District Inspector of Schools to take steps for ensuring joining of Satish Chandra, pursuant to which appointment letter was issued to him on 10. 08. 2008, then it transpired that Satish Chandra had already attained the age of superannuation on 30. 06. 2008. Against the post in question, petitioner had been functioning as officiating Principal since 30. 09. 2008 and his signatures were also attested on 20. 10. 2008. Thereafter on 31. 03. 2009 communication has been sent by the office of the District Inspector of Schools, Mathura for ensuring joining of candidate placed at serial No. 2 in the select panel. At this juncture present writ petition has been filed, requesting therein that select panel prepared pursuant to advertisement No. 1 of 2002 cannot be impleneted and given effect to, as the panel itself has exhausted.

(3.) COUNTER affidavit has been filed and therein plea has been sought to be taken that on 12. 08. 1998, 24. 12. 1999 and 03. 03. 2002 applications had been invited and said selections were subject matter of challenge and ultimately proceedings have been finalised by Hon'ble Apex Court on 16. 05. 2008. It has been stated that after said proceedings had been finalised, U. P. Secondary Education Service Selection Board wrote letter dated 25. 06. 2008 for ensuing joining of selected candidates. Thereafter, the District Inspector of Schools on 28. 08. 2008 issued letter to the Committee of Management of the College in question for issuing letter of appointment to selected candidate and ensuring his joining. Thereafter, various letters were sent and ultimately, the District Inspector of Schools on 10. 02. 2009 wrote letter that Satish Chandra has already attained the age of superannuation on 30. 06. 2008 from the post of lecturer in Physics, as such appointment letter could not be issued to him. Thereafter, Jagdish Chandra Agrawal, who was placed at serial No. 2 in the select panel, has been offered appointment. It has also been stated that Hari Babu Kaushik, who had been functioning on the post of Principal and order of status-quo was also passed in his favour on 17. 01. 2003 and as such there was no scope of Satish Chandra's joining. Plea has been taken that Satish Chandra never joined in the institution, thus there did not arise any occasion of exhaustion of the select panel.