Bhairav Prasad Pathak vs State Of U.P. Through Prin. Secy. ...
2012 Latest Caselaw 4033 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- SERVICE SINGLE No. - 4753 of 2012
 

 
Petitioner :- Bhairav Prasad Pathak
 
Respondent :- State Of U.P. Through Prin. Secy. Deptt. Of Secondary Edu. L
 
Petitioner Counsel :- Rajan Roy
 
Respondent Counsel :- C.S.C.,H.S. Jain,Mahendra Kumar Chaudhary,Pt. S.Chandra,R.B.S.Rathaur,Vinod Kumar Singh
 

 
Hon'ble Ajai Lamba,J.

It has been asserted by learned counsel for the petitioner that only  seniormost eligible teacher could be appointed as Principal of Janta Inter college, Paikauli Bazar, Ambedkar Nagar, as has been held in Shamshul Zama v. District Inspector of Schools, Chandauli and others [(2001) 3 UPLBEC 2181]. De hors the said legal position, Joint Director (Secondary Education) and the District Inspector of Schools, Ambedkar Nagar, have directed appointment of respondent no.6 as  the Principal only on the basis that the said person is seniormost teacher.

The main contention on behalf of the petitioner is that the respondent no.6 is not eligible to be appointed as Principal, if a reference is made to Rule 5 of U.P. Secondary Education Services Commission Rules, 1983, read with Regulations made under the Intermediate Education Act, 1921.

Sri Parihar, Advocate appearing for respondent no.6 has pointed out that Management has already challenged the appointment of respondent no.6 by way of filing Writ Petition No.4539(MS) of 2012.

Let counter affidavit be filed within two weeks.

Rejoinder affidavit, if any, be filed within one week thereof.

List thereafter alongwith Writ Petition No.4539(MS) of 2012.

Order Date :- 7.9.2012

A.Nigam