AMAR PAL Vs. DISTRICT INSPENCTOR OF SCHOOLS

JUDGEMENT

(1.) The petitioner was selected by U.P. Secondary Education Service Commission as a Lecturer in Civics on 5th April, 1996. The petitioner was assigned to Udai Raj Hindu Inter College Kashipur, Nainital. Since in view of an interim order granted on a writ petition filed by one of the teacher in the said School claiming promotion to the post of Lecturer in Civics, the petitioner was not appointed in the said school. The Commission thereafter assigned Rastriya Vidyalaya Inter College, Khair, Aligarh. It is alleged that on account of some dispute in the said School, the petitioner could not be accommodated therein . In such cistumstances the District Inspector of Schools by his letter dated 8th October, 1996 assigned Babu Lal Jain Inter College, Aligarh in order to adjust the petitioner. Despite successive letters written by the District Inspector of Schools, the school authority did not allow the petitioner to join. On this background, the present writ petitions has been filed seeking appropriate relief.

(2.) The respondents District Inspector of School had filed his counter affidavit. The Committee of Management represented by Mr. K.P. Shukla had also filed a counter-affidavit as well as a supplementary counter-affidavit. Mr. Vinod Sinha , counsel for the petitioner had filed a rejoinder-affidavit to the counter -affidavit. He filed a rejoinder-affidavit to the counter -affidavit . He does not propose to file rejoinder affidavit in respect of the supplementary counter-affidavit since he intends to rely on a document signed by the Principal and the Manager of the school in order to counter the statements made in the supplementary counter-affidavit. Mr. K.R. Singh had supported the counter affidavit filed on behalf of the District Inspector of the Schools relying on the relevant records annexed therewith.

(3.) Mr. Vinod Sinha, learned counsel for the petitioner contended that since the petitioner has been selected by the Commissioner and he could not be adjusted against the school allocated on two earlier occasions by the Commission , the District Inspector of Schools is empowered by virtue of circular dated 1st June, 1997 issued by the Government to adjust the petitioner against any vacancy in a school within the district. Therefore, the assignment of the petitioner to Babu Lal Jain Inter College cannot be questioned. The committee of management has no locus standie to oppose such adjustment. Therefore, according to him, the writ petition should be allowed.