RAMA KANT DWIVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner came to be appointed on the post of Head Master on the recommendation of the Uttar Pradesh Secondary Education Service Selection Board (for short ''Board') at Pt. Jawarhar Lal Nehru Kisan Inter College Aama, Tinich, Basti, on 24 April 2012. Institution is governed by the provisions of Intermediate Education Act, 1921 and Uttar Pradesh Secondary Education Services Selection Board Act, 1982 (for short ''Act 1982'). Since then petitioner has been performing his duties as Head Master. It appears that petitioner made an application for transfer to Mata Prasad Jaiswal Inter College, Etawah, District Siddharth Nagar. On ''No Objection' of the fourth respondent, Committee of Management, Mata Prasad Jaiswal Inter College, petitioner was transferred as Head Master vide order dated 6 July 2015, passed by the Additional Director of Education (Madhyamik-2), Uttar Pradesh, Allahabad. It is urged by learned counsel for the petitioner that the petitioner is performing his duties at the transferred institution since 20 July 2015.

(3.) By the instant writ petition, petitioner seeks a direction in the nature of mandamus to the second respondent, Secretary of the Board to take decision on the recommendations made by the District Inspector of Schools, Siddharth Nagar, for cancelling the notification issued by the Committee of Management of Mata Mata Prasad Jaiswal Inter College, Etawah, District Siddharth Nagar, for appointment of a regular Head Master. A further direction has been sought against the second respondent not to make any selection to the post of Head Master in the institution i.e. Mata Prasad Jaiswal Inter College, Etawah, District Siddharth Nagar.