Court No. - 5
Case :- WRIT - A No. - 12607 of 2021 Petitioner :- Ashok Kumar Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner, by means of of the present writ petition, has prayed for the following relief:-
"(i) a writ, order or direction in the nature of mandamus commanding and directing the opposite party concern specially O.P. No.3 to decide the representation dated 27.07.2021 as well as 17.08.2021 given by petitioner for appointing him as Officiating Principal of Jai Kisaan Inter College, Lalpur, Imiliyadheesh, District Basti.
(ii) Any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper may kindly be pleased in favour of the petitioner.
(iii) To award costs of the writ petition to the petitioner. "
The petitioner is the senior most Assistant Teacher in Jai Kisaan Inter College, Lalpur, Imiliyadheesh, District Basti (hereinafter referred to as 'the College').
According to the petitioner, one Sanjay Kumar Dwivedi whose name figures at Serial No.3 in the seniority list, has been given the charge of Officiating Principal of the College.
The grievance of the petitioner is that he has been wrongly denied the appointment on the post of Officiating Principal, though being the senior most Assistant Teacher, is entitled to be appointed as Officiating Principal of the College.
Be that as it may, it is not in dispute that Sanjay Kumar Dwivedi has already been appointed. The petitioner has not assailed the appointment of Sanjay Kumar Dwivedi as Officiating Principal of the College, therefore, the relief prayed above, cannot be granted in view of the fact as the petitioner has not assailed the legality of appointment of Sanjay Kumar Dwivedi as Officiating Principal of the College.
Accordingly, the writ petition lacks merit. It is, dismissed.
Order Date :- 23.9.2021 NS