Court No. - 25
Case :- WRIT - A No. - 2049 of 2019 Petitioner :- C/M, Sri Guru Sharan Pal Janta Inter College, Basti Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Kumar Ojha,Pramod Kumar Singh Counsel for Respondent :- C.S.C.,Uma Nath Pandey
Hon'ble Ajay Bhanot,J.
Sri S.K. Pandey, learned counsel has put in appearance on behalf of applicant-respondent no. 6. The impleadment is allowed. Sarvendra Narayan Dwivedi, Assistant Teacher, Guru Sharan Pal Janta Inter College, Gayghat, District Basti, is directed to be impleaded as co-respondent no. 6 to the writ petition.
Heard Sri Vijay Kumar Ojha, learned counsel for the petitioner, Sri K.M. Mishra, learned counsel for respondent no. 4 and Sri S.K. Pandey, learned counsel appearing on behalf of respondent no. 6.
The contention of Sri Vijay Kumar Ojha, learned counsel for the petitioner is that the respondent no. 4 had on an earlier occasion declined to accept the post of Officiating Principal. His refusal was irrevocable and he seek the same post again.
Sri K.M. Mishra, learned counsel for respondent no. 4 submits that the respondent no. 4 did not unconditionally decline to act as the Officiating Principal ship. It was made in the mistaken belief that one Dinesh Chandra Verma was the senior post teacher in the institution. However, a fresh seniority list has been drawn up on 15.11.2019, which places the said Dinesh Chandra Verma at the bottom of the list. This creates a fresh cause of action and the respondent no. 4 is entitled to be offered appointment as Officiating Principal of the institution being the senior most teacher as per the seniority list.
Sri S.K. Pandey, learned counsel appearing on behalf of the respondent no. 6 contends that he is entitled to be appointed as Officiating Principal since he is senior to the respondent no. 5, but no offer was made to him.
It is admitted by the parties including the petitioner that no opportunity was given to either of the affected parties. In ordinary course the senior most teacher should officiate as the Principal of the institution. In case, the authorities decide to appoint a person who is at the bottom of the seniority list the adversely effected teachers have to be heard.
With the consent of parties the orders dated 03.12.2018 and 29.12.2018 having being passed in violation of principles of natural justice are quashed and the respondent no. 3 is directed to execute the following directions;
A writ of mandamus is issued commanding the respondent no. 3 to decide the issue of appointment of Officiating Principal strictly in accordance with law after giving an opportunity to the teachers in the seniority list who claim entitlement for appointment as Officiating Principal. The exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order.
The writ petition is partly allowed.
Order Date :- 25.2.2019 Pravin