Court No. - 7
Case :- WRIT - A No. - 17557 of 2018 Petitioner :- C/M Acharya Narendra Deo Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kumar Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Arun Kumar, learned counsel for the petitioner and the learned standing counsel for the State-respondents.
This writ petition has been filed for the following relief:
"issue a writ, order, rule or direction in the nature of certiorari quashing the impugned order of the respondent no.2, dated 30.7.2018 (Annexure '18' to the Writ Petition)."
It is not disputed by learned counsel for the petitioners before me that the respondent no.3 is the senior most Assistant Teacher in the petitioner's institution. The only objection to the appointment of the respondent no.3 taken by learned counsel for the petitioners before me is that the respondent no.3 is administratively incompetent and, therefore, he can not be appointed as Officiating Principal under Section 18 of the U.P. Secondary Education (Services Selection Boards) Act, 1982 (hereinafter referred to as "the Act"). In support he referred to the written submissions dated 25.7.2017, made by the Committee of Management before the respondent no.2, which has been reproduced in the impugned order.
Learned standing counsel supports the impugned order.
From perusal of the written submissions dated 25.7.2018, submitted by the petitioner before the respondent no.2, which has been reproduced in the impugned order, I find that merely vague allegation was made against the respondent no.3 that he is incompetent to discharge his administrative duties.
Section 18 of the Act is reproduced below:
"18. Ad hoc Principals or Headmasters. - (1) Where the management has notified a vacancy to the Board in accordance with sub-section (1) of Section 10 and the post of the Principal or the Headmaster actually remained vacant for more than two months, the Management shall fill such vacancy on purely ad hoc basis by promoting the senior most teacher, -
(a) in the lecturer's grade in respect of a vacancy in the post of the Principal;
(b) in the trained graduate's grade in respect of a vacancy in the post of the Headmaster.
(2) Where the Management fails to promote the seniormost teacher under sub-section (1), the inspector shall himself issue the order of promotion of such teacher and the teacher concerned shall be entitled to get his salary as the Principal or the Headmaster, as the case may be, from the date he joins such post in pursuance of such order of promotion.
(3) Where the teacher to whom the order of promotion is issued under sub-section (2) is unable to join the post of Principal or the Headmaster, as the case may be, due to any act or omission on the part of the Management, such teacher may submit his joining report to the Inspector, and shall thereupon be entitled to get his salary as the Principal or the Headmaster, as the case may be, from the date he submits the said report.
(4) Every appointment of an ad hoc Principal or Headmaster under subsection (1) or sub-section (2) shall cease to have effect from when the candidate recommended by the Board joins the post."
Undisputedly the respondent no.3 is the senior most teacher and is entitled for promotion on ad hoc basis as Principal under Section 18 of the Act. The allegation made by the petitioner Committee of Management against the respondent no.3 as contained in the written submissions dated 25.7.2018, are wholly vague. Therefore, the respondent no.2 has not committed any error of law to direct the petitioner Committee of Management to submit papers for attestation of signature of the respondent no.3 as Officiating Principal under Section 18 of the Act.
In view of the aforesaid, I do not find any error of law in the impugned order. Consequently, the writ petition is hereby dismissed.
Order Date :- 18.8.2018/vkg