RAKESH KUMAR TRIPATHI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Ashok Khare, learned Senior Advocate assisted by Shri Siddharth Khare, appearing for the petitioner; Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for State respondent no. 1 and Shri Nisheet Yadav, Advocate appearing for respondent nos. 2 and 3. Shri Rakesh Chandra Pathak appears for respondent no. 4.

(2.) The petitioner is before this Court assailing the validity of the impugned order dated 30. 10. 2015 passed by the respondent no. 2, District Basic Education Officer, Varanasi and for direction restraining the respondents from interfering in his functioning as Headmaster of the institution and to pay his regular monthly salary on the said post.

(3.) It appears from the record that 'Shri Mritunjay Laghu Madhyamik Vidyalaya, Ahrak, Varanasi' (in short, the School) is a recognized and aided Junior High School. It is governed by the provisions of U. P. Basic Education Act, 1972; the U. P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 and U. P. Junior High School (Payment of Salary to Teachers and Other Employees) Act , 1978. One Shri Raj Nath Mishra, who was permanent Headmaster of the institution, retired from the service in the year 2011, causing a substantive vacancy on the post of Headmaster of the institution. By the circular letter dated 31. 3. 2015, the permission was accorded by the Director of Education (Basic) for filling up the post of Headmaster of the institution. In pursuance of the aforesaid circular letter, the Management of the institution applied before the District Basic Education Officer, Varanasi seeking permission to advertise the vacancy on the said post on 8. 6. 2015. Consequently, the District Basic Education Officer vide his order dated 13. 8. 2015 granted permission for advertising the said and undertaking proceedings for filling up the post in question.