Court No. - 37
Case :- WRIT - A No. - 11429 of 2019 Petitioner :- Shiv Pravesh Upadhyay Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shiv Sagar Singh Counsel for Respondent :- C.S.C.,Anil Kumar Singh
Hon'ble Abhinava Upadhya,J.
Heard learned Standing Counsel appearing for respondents No.1,2,3 and 4 and Sri Anil Kumar Singh, learned counsel appearing for respondent No.5.
The institution in question is currently governed by authorized controller as the Committee of Management has been superseded. The said Institution is an intermediate college governed by U.P.Intermediate Education Act, 1921, Act No.5 of 1982 and Act No.24 of 1971.
The petitioner has raised a grievance that at the present moment he is senior most teacher and also officiating Principal in the institution but his name has not been forwarded to the Commission for selection for regular Principal in the institution. It is submitted that earlier one Ram Lal had filed a writ petition claiming that he is senior most teacher and his name should be sent. This Court by the order dated 22.5.2015 directed the DIOS to consider his case. It is submitted that inspite of the order of this Court, the DIOS did not forward any name. In the meantime, Ram Lal also retired on 31.3.2017 and, therefore, at the present moment, the petitioner is the senior most teacher in the institution.
The writ petition is disposed of with the direction to the DIOS that in case the petitioner is the senior most teacher in the institution and there is no other legal impediment, his name may be forwarded to the Commission for appointment/selection of the Principal in the said institution.
Order Date :- 26.7.2019 VPC