RAKESH KUMAR SHARMA Vs. STATE OF MP

JUDGEMENT

(1.) PETITIONER has filed this petition challenging the order, annexure P-1 dated 3-6-2006. By the aforesaid order absorption of the petitioner on the post of Principal, Government Higher Secondary School (10 + 2) has been cancelled.

(2.) PETITIONER was appointed initially as Principal, Maharshi Ram Sumeran das Higher Secondary School, Sahasram, district Sheopur vide order dated 15-6-1990. At that time the school was a private school. Copy of the order of appointment has been filed as Annexure P-2. It is mentioned in the order of appointment that the petitioner would obtain a degree in M. A. and also degree in b. Ed, within five years. Thereafter, the petitioner obtained a degree in M. A. in the year of 1993 and degree in B. Ed, in the year of 1994. The school was taken over by the Government on 17-9-1997. Thereafter, the petitioner was absorbed on the post of Principal vide order dated 26-12-1998. Copy of the order has been filed as Annexure P-3. Subsequently, some complaints were filed against the petitioner including before the Lokayukt complaining, about the eligibility of the petitioner being absorbed as Principal. A preliminary inquiry was conducted against the petitioner and during that inquiry it was found that the petitioner was not eligible to be absorbed as Principal of Higher Secondary School (10 + 2)because he did not had the requisite qualification. Hence, vide the impugned order his absorption as Principal has been cancelled and he has been absorbed as upper Division teacher. It is an admitted fact that no opportunity of hearing had been given to the petitioner before passing the impugned order, Annexure P-1.

(3.) RESPONDENTS in the return stated that the petitioner was initially appointed on the post of Principal of Non-Government Higher Secondary School, although he had no requisite qualifications for the post. It has further been stated that after absorption of the petitioner certain complaints had been received and after inquiry it was found that as per the circular issued by the Commissioner dated 26-6-1995 qualifications for absorption on the post of Principal, Higher secondary School (10 + 2) was Post-Graduate with atleast second division and also a degree of B. Ed. Because the petitioner passed Post-graduate degree in third division and he did not had the requisite teaching experience, hence he was not entitled for absorption. Consequently, absorption of the petitioner as Principal, higher Secondary School (10 + 2) cancelled and he has been ordered to be absorbed as Upper Division Teacher.