Court No. - 58
Case :- WRIT - A No. - 505 of 2019 Petitioner :- C/M Sri Pramod Sanskrit Mahavidyalaya And Another Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Rajesh Kumar Pandey Counsel for Respondent :- C.S.C.,Ved Byas Mishra
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 11th January, 2019:-
"Submission is that the respondent No.7 is not an employee of petitioner institution and , therefore, he cannot be permitted to act as Principal.
Learned Standing Counsel as also Sri Ved Byas Mishra appearing for respondent Nos. 2 and 3 may obtain instructions.
Put up as fresh on 21.01.2019."
Learned Standing Counsel has obtained instructions from District Inspector of Schools, Badaun, according to which, the impugned decision was taken on the asking of the management of the institution, inasmuch as, the petitioner no. 2 was not well and there was no one else available.
It is not in issue that respondent no. 7 is not an employee of the institution concerned, rather, is the Principal of Government Inter College, Badaun. No provision has been shown whereunder respondent no. 7 could have been allowed to function as Principal of the Institution. The statutes of the University specifically provides that the senior most teacher, in the absence of regular Principal, can officiate. Petitioner No. 2 since is the officiating Principal and is reported to be well, now, there is no justification as to why he should not be allowed to function.
Learned Standing Counsel states that the respondents would have no objection in that regard.
In that view of the matter, the order impugned dated 16.10.2018, passed by the District Inspector of Schools, Badaun as well as all consequential orders, stand quashed.
The writ petition stands disposed of with the direction that petitioner no. 2 being Officiating Principal, would be allowed to continue.
Order Date :- 21.1.2019 Ranjeet Sahu