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Ram Kumar Singh Bhadauriya vs District Inspector Of Schools And ...

High Court Of Judicature at Allahabad|26 May, 1999

JUDGMENT / ORDER

JUDGMENT M. Katju, J.
1. This writ petition has been filed against the impugned order dated 20.5.1999 of the District Inspector of Schools. Etawah, copy of which is Annexure-7 to the writ petition.
2. I have heard Shri Ashok Khare learned counsel for the petitioner and learned standing counsel for respondent Nos. 1 and 2 and Shri V.C. Misra for respondent No. 4.
3. The dispute in the present case is as to who is entitled to be ad hoc Principal of Janta Inter College, Kundeshwar, Etawah. The law on this point has been laid down by the Full Bench of this Court in Radha Raizada v. Committee of Management, 1994 (3) UPLBEC 1551 (FB), which has held that ordinarily the seniormost teacher will be appointed as ad hoc Principal unless there is something adverse against him/her.
4. Admittedly respondent No, 4 is senior to the petitioner. However, the claim of respondent No. 4 for being appointed ad hoc Principal has been denied on two grounds :
(i) that her right hand has been fractured. Learned counsel for respondent No. 4 Shri V.C. Misra has stated that the hand has now healed. Hence this cannot be a ground for denying her right ;
(ii) the second ground given in the letter dated 28.8.1998 is that since respondent No. 4 Smt. Indira Dixit is a lady, she will not be able to handle a boys' school in a village.
5. I am shocked at this stand that the Manager of the Institution has taken in his letter dated 28.8.1998. In the modern age, there can be no discrimination against women and this has been specifically laid down in Article 15(1) of the Constitution. Today women have proved that they can do almost all work which men can do. It was only because of lack of education and because women were confined to household work that they could not make any headway and display their talents. With the coming of education, women have proved themselves to be equally competent as men in almost all walks of life. Women have proved to be great administrators (e.g., Caltherine the Great, Elizabeth I, etc.) great writers (e.g., the Bronte sisters), great scientists (e.g., Madame Curie) etc. Hence the approach of the respondents smacks of feudal mentality and male chauvinism, and has to be deprecated.
6. As regard the statement in the letter dated 28.9.1998 that in rural areas, a lady will not be able to handle a boys' school, in my opinion, this stand is also arbitrary. Now-a-days rural areas have become semi-urbanized and they are not the same rural areas as depicted in the novels and stories of Prem Chandra. Today rural areas have electricity lines, pucca roads, television, etc. and hence, in my opinion, this is no ground for denying the claim of the respondent No. 4.
7. Shri Ashok Khare learned counsel for petitioner has submitted that there was another person who was senior to Smt. Indira Dixit and he should be appointed as ad hoc Principal. The said person has not come before this Court and has not raised any grievance and is said to be invalid. Hence I direct that Smt. Indira Dixit respondent No. 4 shall be appointed as ad hoc Principal until regular selection is held by the U. P. Secondary Education Service Commission.
8. The writ petition is dismissed.
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Title

Ram Kumar Singh Bhadauriya vs District Inspector Of Schools And ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
26 May, 1999
Judges
  • M Katju