Court No. - 19
Case :- WRIT - A No. - 9424 of 2019 Petitioner :- Sant Lal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Santosh Kumar Chaubey Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
Heard Shri Santosh Kumar Chaubey, learned counsel for the petitioner and Shri Shivendra Singh, learned Standing Counsel for the State.
Learned counsel for the petitioner submitted that petitioner, who is officiating Principal of the Committee of Management, Shri Agrasen Mahajani Mahavidyalya Inter College, Chaukhambha, Varanasi (respondent no.5), is aggrieved by the procedure undertaken by respondent Nos.2 and 3 regarding the appointment of respondent no.6 as Principal of the College.
Learned counsel has relied upon Rule 11 of the U.P. Secondary Education Services Selection Board Rules, 1988 which is regarding the direct recruitment to the post of Principal and he submitted that the said procedure has not been followed.
Shri Sanjeev Singh, learned counsel appearing on behalf of respondent no.6 submitted that the representation is premature as on date, no order has been passed. He further submitted that it is a case of transfer and, therefore, the Rules mentioned above is not applicable.
Considered the submissions made at Bar and perused the record.
As on date, no final order has been passed, therefore, at present, petitioner cannot be aggrieved. The petitioner has filed certain objections to the authorities and the same may be considered in accordance with law. At this stage, the prayer made in the petition is premature, hence the same is rejected.
However, representation filed by the petitioner may be considered in accordance with law and respondent no.2, is directed to take decision in the matter, expeditiously, preferably within a period of three weeks from the date a certified copy of this order produced before him.
With the aforesaid directions, the writ petition stands disposed of.
Order Date :- 31.5.2019 Rishabh
(Saurabh Shyam Shamshery, J.)