GURU DATT SHUKLA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner seeks writ of rnandamus commanding the respondents to regularise the services of the petitioner on the post of Principal of Bundelkhand Inter College, Veer Nagar, Madho Garh, Jalaun (hereinafter referred to as the institution) and further to declare the provisions of Section 33C (6) of U. P. Secondary Education Services and Selection Board Act, 1982 (in short the Act) as ultra vires and unconstitutional.

(2.) Briefly stated the facts are that one Pratap Singh Chandel was Principal of the institution. He retired on 30.6.1992 on attaining the age of superannuation and as the petitioner was senior most teacher in the institution, he was promoted on ad hoc basis as provided in the proviso to Regulation 2 of Chapter II of the Regulations framed under the U.P. Intermediate Education Act, 1921. His ad hoc promotion was approved by the District Inspector of Schools on 17-4.1993.

(3.) The Committee of Management notified the vacancy of the post of Principal to the U.P. Secondary Education Services Commission (in short the Commission). The Commission advertised the post in the newspapers on 13.12.1995. Respondent No. 6, Anil Kumar Singh, applied for the said post. He was declared successful on 30.8.1996 and his name was recommended by the Commission. The District Inspector of Schools, Jalaun, respondent No. 4, issued a letter dated 12.9.1996 directing the Manager of the institution for appointing respondent No. 6 as Principal of the institution. The Committee of Management passed a resolution on 15.9.1996 for issuing appointment letter to respondent No. 6 to the post of Principal of the institution. He, on receiving the letter, joined the institution on the post of Principal on 16.9.1996.