Dr. Prabhash Kumar Singh vs State Of U.P. And Others
2012 Latest Caselaw 2028 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?A.F.R. 
 
Court No. - 7
 

 
Case :- WRIT - A No. - 19483 of 2012
 

 
Petitioner :- Dr. Prabhash Kumar Singh
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- G.K. Singh,P.S. Chauhan
 
Respondent Counsel :- C.S.C.,M.C. Chaturvedi,S.R. Singh
 

 
Hon'ble Arun Tandon,J.

Heard learned counsel for the parties.

U.P. Act No. 5 of 1982 was enforced in the State of Uttar Pradesh so that the process of appointment of Principals, Headmasters and Teachers in recognized and aided institutions may be streamlined. The purpose was to have the best talent available in open market for the posts in question to be filled by direct recruitment. As on date nearly 30 years have elapsed, the desire of the legislature has been frustrated by the officers, who man the office of the District Inspector of Schools, the U.P. Secondary Education Services Selection Board in collusion with the Management of the aided and recognized institutions.

This petition is a glaring example of the manner in which the entire proceedings for appointment on the post of Principal in recognized and aided Intermediate Colleges have been frustrated by wrong and incorrect information being supplied by the office of the District Inspector of Schools and the U.P. Secondary Education Services Selection Board being most negligent in advertising the vacancies and in preparing the select panel.

What has compounded the entire failure is the attempt on the part of the officers of the U.P. Secondary Education Services Selection Board to alter the select panel on mere letters being sent by the District Inspector of Schools without examining as to whether the vacancy of a particular institution was ever advertised or made known to the selected candidate at the time of interview, as required under the statutory rules or not.

This Court may now turn to the facts as borne out from the records of the institution. There are three institutions in district Jaunpur which are under consideration in the present writ petition, namely (a) Panchayat Raj Inter College, Mokalpur, Jaunpur, (b) Sarva Hitaishi Inter College Masida, Jaunpur and (c) Sarvodaya Inter College Masida, Jaunpur.

This Court has been informed that the post of Principal of Panchayat Raj Inter College Mokalpur Jaunpur has been lying vacant since 20.11.2006 and the vacancy on the post of Principal of Sarva Hitaishi Inter College Masida, Jaunpur is lying vacant since 30th June, 2000. There exist no institution in the name of Sarvodaya Inter College Masida, Jaunpur. It is, therefore, clear that the vacancy on the post of Principal in Sarva Hitaishi Inter College Masida, Jaunpur is available for last 12 years but the U.P. Secondary Education Services Selection Board has not been able to advertise the vacancy what to talk of recommending the selected candidate. While the vacancy on the post of Panchayat Raj Inter College, Mokalpur, Jaunpur is available for last 8 years and whatever exercise has been undertaken by the U.P. Secondary Education Services Selection Board is only a waste paper as will be reflected from the following facts:

None of the aforesaid three institutions through their Committee of Management/Principal are stated to have forwarded any requisition to the U.P. Secondary Education Services Selection Board through the office of the District Inspector of Schools. This is what has been stated by the Standing Counsel on instructions from the District Inspector of Schools, who is present in the Court. The District Inspector of Schools, Jaunpur on his own is stated to have forwarded a letter to the U.P. Secondary Education Services Selection Board on 24.12.2003 wherein vacancy available in Sarvodaya Inter College Masida, Jaunpur was shown to be available for advertisement, when as a matter of fact there exist no institution by the said name. In the letter dated 10.10.2008 the District Inspector of Schools intimated the vacancies available in various Intermediate Colleges including that in Sarva Hitaishi Inter College Masida, Jaunpur at item no. 25.

So far as the vacancy in Panchayat Raj Inter College, Mokalpur, Jaunpur is concerned, for the reasons best known to the District Inspector of Schools, said institution was shown as one within the category of High School for boys only. The letter contained incorrect information about Panchayat Raj Inter College, Mokalpur, Jaunpur, inasmuch as it was admittedly recognized and aided Intermediate College. The post of Principal had been created for the said Intermediate College as early as on 20.11.2006.

It is, therefore, clear that two letters, which were sent by the District Inspector of Schools, Jaunpur, did not accompany any relevant document pertaining to the requisition as required under the statutory rules. There were glaring mistakes (a) there was no institution in the name of Sarvodaya Inter College Masida, Jaunpur, (b) Panchayat Raj Inter College Mokalpur Jaunpur in fact was an Intermediate College and not a High School.

The U.P. Secondary Education Services Selection Board advertised the vacancies in terms of the requisition of the year 2003 and 2008, as is stand taken by the Chairman of the U.P. Secondary Education Services Selection Board before this Court, but surprisingly in the advertisement there was no mention of the post of Sarva Hitaishi Inter College Masida, Jaunpur. Reasons for such non-publication of the vacancy in the advertisement are not known. Only explanation furnished is that a mistake has been committed. Further the U.P. Secondary Education Services Selection Board published the vacancy available in Sarvodaya Inter College Masida, Jaunpur when in fact there exist no such institution. In respect of the vacancy on the post of Principal of Panchayat Raj Inter College Mokalpur Jaunpur it was mentioned that the institution was in Varg-3 i. e. High School Boys only.

Selection process was initiated and at that stage the District Inspector of Schools, Jaunpur wrote a letter to the U.P. Secondary Education Services Selection Board on 17.12.2008 stating therein that Panchayat Raj Inter College Mokalpur Jaunpur is in fact an Inter College and therefore wrongly advertised in Varg-3. In the said letter also the District Inspector of Schools did not care to inform the U.P. Secondary Education Services Selection Board that there is no institution by the name of Sarvodaya Inter College Masida, Jaunpur and further that why the vacancy on the post of Principal in Sarva Hitaishi Inter College Masida, Jaunpur has not been advertised.

After the process was completed and series of petitions were filed before this Court, the petitioner Dr. Prabhash Kumar Singh was empanelled for the post of Principal, Sarvodaya Inter College Masida, Jaunpur by the U.P. Secondary Education Services Selection Board vide select panel notified on 23.11.2011 when admittedly there exist no institution by the name of Sarvodaya Inter College Masida, Jaunpur.

This Court may record that before selection on the post of Principal/Headmaster of an Intermediate College takes place, a letter is required to be sent by the U.P. Secondary Education Services Selection Board through the office of the District Inspector of Schools inviting two senior most teachers of the institution concerned to participate in the process of selection. It is the case of the U.P. Secondary Education Services Selection Board that such letters were sent through the office of the District Inspector of Schools on 01st February, 2011. The District Inspector of Schools did not care to inform the U.P. Secondary Education Services Selection Board that there is no institution by the name of Sarvodaya Inter College Masida, Jaunpur. When the selected candidate went to join at Sarvodaya Inter College Masida, Jaunpur he was informed by the District Inspector of Schools that there is no institution by the said name.

Thereafter the District Inspector of Schools wrote another letter to the U.P. Secondary Education Services Selection Board on 07.01.2012 stating therein that the name of the institution should be corrected to read as Sarva Hitaishi Inter College Masida, Jaunpur in place of Sarvodaya Inter College Masida, Jaunpur.

The U.P. Secondary Education Services Selection Board without verifying any relevant fact, including the fact as to whether the vacancy on the post of Principal in Sarva Hitaishi Inter College Masida, Jaunpur was ever advertised and as to whether two senior most teachers of the said institution were invited to participate in the process of selection for the said post of the Principal or not, passed an order altering the name of the institution. The name of Sarvodaya Inter College Masida, Jaunpur was deleted and in its place Sarva Hitaishi Inter College Masida, Jaunpur was substituted in the select panel. How could such an exercise be undertaken is not known except that there are other consideration which are prevailing in the office of U.P. Secondary Education Services Selection Board and the District Inspector of Schools.

A vacancy, which was never advertised and which fact is known to the District Inspector of Schools and the U.P. Secondary Education Services Selection Board was sought to be filled only on a letter being written by the District Inspector of Schools that the name of the institution be changed.

This Court after examining the records made six queries from the District Inspector of Schools and the Chairman of the U.P. Secondary Education Services Selection Board vide its order dated 15.05.2012. The order is being reproduced herein below:

?Affidavit filed by the Secretary, U.P. Secondary Education Services Selection Board today in the Court has been examined. Following issues need answer from the District Inspector of Schools/Chairman of the Selection Board:

a) How could a requisition showing Panchayati Raj Inter College as an High School falling within category III was intimated by the District Inspector of Schools, Jaunpur under his letter dated 10.10.2008 when the institution was granted recognition as an Intermediate College as early as in the year 1985 and a post of Principal for the Intermediate College was created under the Government Order dated 16.01.2006.

b) Whether any requisition was received from the Committee of Management of the institution (Panchayati Raj Inter College) and was forwarded to the Selection Board by the office of the District Inspector of Schools or only letters were written depicting vacancies in various institutions in district Jaunpur.

c) How could the select panel prepared and approved on 09.08.2011 for the post of Principal, Panchayati Raj Inter College be cancelled by the Selection Board merely on a report by the member of the Result Committee that Panchayati Raj Inter College was in fact only an High School, when the Selection Board itself had received a letter from the District Inspector of Schools on 17.12.2008 stating that there was a mistake in the Advertisement Panchayati Raj Inter College was in fact an Intermediate College and the Selection Board itself had published a Corrigendum in newspapers on 02.01.2009 to that effect.

d) How could the Selection Board on a mere letter being sent by the District Inspector of Schools substitute the name of the institution in the select panel notified at serial no. 23 dated 09.08.2011 namely Sarvodaya Inter College, Masida, Jaunpur with that of Sarva Hitaishi Inter College, Jaunpur, when admittedly the vacancy on the post of Principal in Sarva Hitaishi Inter College, Jaunpur was never advertised.

e) Why did the Selection Board had not advertised the vacancy on the post of Principal in Sarva Hitaishi Inter College, Jaunpur despite the requisition as per the letter of the District Inspector of Schools dated 10.10.2008 which specifically makes mention of the vacancy available there.

f) How could the Selection Board prepared a select panel for an institution without the vacancy being made known to the candidates at the time of interview and further without inviting two senior most teachers of the said institution to participate in the selection.

From the records as on date, it is apparent that because of uncalled for letters written by the District Inspector of Schools and for the uncalled for decisions taken by the Selection Board, neither in the Panchayati Raj Inter College, Jaunpur, nor in Sarvodaya Inter College, Masida, Jaunpur nor in Sarva Hitaishi Inter College, Jaunpur a candidate through open market could be selected and appointed as permanent Principal. The District Inspector of Schools and the Selection Board prima facie have brought the system to its knees by mentioning incorrect facts in the letters and order passed as noticed above.

Reference may be had to Section 34 of U.P. Act No. 5 of 1982 which provides punishment for wrong information being supplied. Supply of wrong information to the Selection Board is writ large on record. However, before any further orders are passed, one last opportunity is being afforded to the District Inspector of Schools and the Chairman, Selection Board to file their respect affidavits explaining the facts noticed herein above.

Put up as unlisted on 22.05.2012.?

Affidavits have been filed today both by the District Inspector of Schools, Jaunpur and the Chairman of the U.P. Secondary Education Services Selection Board.

Standing Counsel admits that the requisition were not submitted by any of the institutions at Jaunpur. It is further admitted that the letter dated 24.12.2003, sent by the District Inspector of Schools, contained incorrect information about the institution, namely Sarvodaya Inter College, Masida, Jaunpur when there exist no such institution. It is also admitted both by the Chairman of the U.P. Secondary Education Services Selection Board and the District Inspector of Schools that the vacancy on the post of Principal in Sarva Hitaishi Inter College, Jaunpur was never advertised and was never made known to the candidates at the time of interview and that change in the name of the institution was only effected on a letter written by the District Inspector of Schools, as noticed above.

There is little or no explanation either from the office of the District Inspector of Schools or from the office of the Chairman of the U.P. Secondary Education Services Selection Board as to why the vacancy on the post of Principal of Sarva Hitaishi Inter College, Jaunpur was not advertised despite the same being vacant since 2006 and information about the vacancy being intimated on 10.10.2008.

This Court further finds that the petitioner has been made to suffer only because of the incorrect letters written by the District Inspector of Schools giving false information to the U.P. Secondary Education Services Selection Board and the Board in turn offering appointment to the petitioner in an institution which was not in existence, as also not advertising the vacancy which were requisitioned.

This Court further finds that none of the authorities have cared to insist upon the management of the institution to submit the requisition in respect of the existing vacancies for years together and yet ad hoc appointment against such vacancies are being permitted to continue and salary is being passed against the post. The purpose is to perpetuate the ad hoc appointments.

This Court in the facts of the case is of firm opinion that there has been appointments on the post of Principal contrary to the provisions of the Act at the hands of the U.P. Secondary Education Services Selection Board.

Supply of wrong information by the District Inspector of Schools, Jaunpur in the matter of appointment on the posts of Principals is established. He is liable to be punished under Section 22 read with Section 23 of the Act, 1982.

So far as the Chairman of the Selection Board is concerned, he must compassionate the petitioner for the harassment caused by payment of cost of Rs. 25,000/- from his own salary account through an account payee cheque. This payment be made within four weeks from today.

The Chairman, Selection Board is directed to lodge a first information report against the District Inspector of Schools, Jaunpur so that he may be proceeded under Section 22/23 of Act No. 5 of 1982.

With regard to the placement of the petitioner in Panchayati Raj Inter College, there is a writ petition filed by the senior most teacher, namely Narendra Bahadur Singh. However, no interim order has been granted in the said writ petition till date. Therefore, it is appropriate that the petitioner may be permitted to join in the said institution subject to the order which may be passed in the writ petition filed by Sri Narendra Bahadur Singh.

Impleadment application is allowed. Narendra Bahadur Singh is permitted to file counter affidavit to the petition.

List on 08th July, 2012.

Order Date :- 22.5.2012

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