Heard learned counsel for the petitioner, learned Standing Counsel appearing for the State respondent nos.1 & 2 and Sri R.K.Ojha, learned Senior Advocate, assisted by Sri Kunwar Bhaskar Parihar, learned counsel appearing for respondent no.4.
The present writ petition is being decided without calling for any counter affidavit.
The petitioner, by means of the present writ petition, has assailed the order dated 01.04.2021 passed by the respondent no.2-District Inspector of Schools, Kushi Nagar, attesting the signature of respondent no.4 as Officiating Principal of the College, namely, Maharshi Valmiki Inter College, Pipraicha, Hata, District Kushi Nagar.
It is not in dispute that the petitioner is Senior to the respondent no.4, however, he has been denied the post of 'Officiating Principal' on the ground that the petitioner is unable to discharge function as 'Officiating Principal' as he is suffering from paralysis and, is not fit to discharge the function of Principal, accordingly, the Committee of Management resolved and recommended to appoint the respondent no.4 as 'Officiating Principal' of the College.
It is submitted by the learned counsel for the petitioner that the ground on which the petitioner has been denied to work as Officiating Principal is incorrect. He further submits that the petitioner has submitted his willingness to work as Officiating Principal by his representation dated 27.03.2021, copy of which is annexed as Annexure-4 to the writ petition and, therefore, the order impugned is not sustainable.
Sri Ojha, learned Senior Counsel appearing for the respondent would contend that the petitioner is not able to discharge his function as 'Officiating Principal' of the College on account of the fact that he is suffering from paralysis. He submits that somebody who is physically fit should be appointed as 'Officiating Principal' for the reason that discharge of duty as Principal is tedious.
Be that as it may, the petitioner has shown his willingness to discharge his duties as 'Officiating Principal'. It is not in dispute that the petitioner is senior most teacher in the College.
The order granting financial assistance records that since the respondent no.4 is senior most teacher in the College therefore, the financial approval is accorded. The order further recites that if this order is obtained by concealing any material fact, respondent no.4 shall be responsible for it.
Since, the order impugned has been passed on the ground that the respondent no.4 is senior most teacher in the college, but the said fact is incorrect therefore, the reason assigned for granting the financial approval is not sustainable in law, accordingly, the impugned order dated 01.04.2021 passed by the respondent no.2-District Inspector of Schools, Kushi Nagar, is not sustainable and set aside.
Consequently, this writ petition is disposed of permitting the petitioner to submit a representation before the respondent no.2-District Inspector of Schools, Kushi Nagar in respect of his claim for 'Officiating Principal' of the College within a period of one week from today along with a copy of this order downloaded from the official website of High Court, Allahabad. In case, any such representation is filed by the petitioner, the respondent no.2- District Inspector of Schools, Kushi Nagar shall consider and decide the same after hearing all the parties aggrieved in the matter, strictly in accordance with law, by a reasoned and speaking order preferably within a period of three weeks thereafter, .
The writ petition is disposed of subject to the observations made above.
Order Date :- 16.8.2021 NS