Dr. Shuchi Tiwari vs State Of U.P. And 4 Others
2021 Latest Caselaw 1794 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 11553 of 2020
 

 
Petitioner :- Dr. Shuchi Tiwari
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Alok Mishra
 
Counsel for Respondent :- C.S.C.,Aakash Rai,Anil Kumar Singh
 

 
Hon'ble Salil Kumar Rai,J.

The present writ petition has been filed by the petitioner praying for a writ of mandamus commanding the Secretary, Uttar Pradesh Secondary Education Services Selection Board, Allengaj, Prayagraj not to advertise the post of Principal at Bipin Behari Chakravarti Kanya Vidyalaya Inter College, Ramapura, Varanasi which has been requisitioned for being filled-up by direct recruitment under the U.P Secendary Education Services Selection Board Act, 1982 on the ground that the Committee of Management of the said institution is ready to appoint as Principal the petitioner, who is at present Principal of Gyan Devi Balika Inter College, Bhadohi as Principal.

The ground pleaded by the petitioner for the aforesaid relief is Regulation 55 of Chapter III of the Regulations framed under the U.P Intermediate Education Act, 1921(hereinafter referred to as Act, 1921) and the petitioner also relies on the Full Bench judgment of this Court in Prashant Kumar Katiyar versus State of U.P & others 2013(1) ADJ 523 (FB).

Regulation 55 is not applicable in the present case in as much as the said Regulation is applicable only to mutual adjustments between two teachers in two different institutions.

The judgement of this Court in Prashant Kumar Katiyar (Supra) is based on the 3rd Proviso to Section 16 of the Act, 1921 which makes an exception in cases of compassionate appointment.

There is no statutory force behind the claim made by the petitioner and the relief as prayed cannot be granted.

The writ petition is dismissed.

Order Date :- 29.1.2021

IB