Heard Sri Indra Raj Singh, learned counsel for petitioner, learned standing counsel for respondent nos.2 and 3, Sri A.K.S.Parihar for respondent no.1 and Sri Ashok Khare, learned Senior Counsel assisted by Sri P.N.Ojha for respondent no.4.
With consent of parties, this matter is disposed of at the stage of admission without calling for counter affidavit.
Petitioner is an Assistant Teacher in Arts in Lala Prakash Janta Inter College, Babri, Shamli. It appears that Committee of Management cancelled his appointment on the ground of educational qualification on 25.6.2012, against which petitioner filed Writ-A No.35083 of 2012, which was allowed by this Court on 24.7.2012 and the matter was remitted back to the Board to take a decision.
U.P. Secondary Education Services Board thereafter proceeded to decide the objection in relation to educational qualification of petitioner and by order dated 20.11.2012, it was found that petitioner was having requisite qualification. Aggrieved by order of Board, Committee of Management filed Writ Petition No.63374 of 2012.
This Court vide order dated 9.1.2013 dismissed writ petition filed by Committee of Management and upheld the order of Board holding that petitioner was having requisite qualification. It appears, that Committee of Management again proceeded against petitioner and an order was passed on 1.10.2017 on the ground of educational qualification as well as indiscipline of petitioner in institution in question. The order dated 1.10.2017 was challenged before this Court through Writ-A No.53092 of 2017 and, on 10.11.2017, as an interim measure, it was provided that petitioner shall be paid salary. It appears that now Board proceeded to take a decision on the resolution of Committee of Management dated 1.10.2017, and approved the same on 11.12.2019.
Sri Indra Raj Singh, learned counsel appearing for the petitioner submitted that once this Court on 9.1.2013 had found that petitioner was having requisite qualification pursuant to orders of the Board and petition filed by Committee of Management was dismissed, against which no Special Appeal was filed. The issue stood concluded.
He further submitted that Committee of Management cannot further take any action on the issue already decided and settled by this Court and the action of the Board granting approval on 11.12.2019 is totally in the teeth of judgment dated 9.1.2013.
Per contra, Sri Ashok Khare, learned Senior Counsel appearing for respondent Committee submitted, that it was not only the case that petitioner was not having requisite qualification, but also alleged unruly conduct of petitioner in institution in question, against which disciplinary inquiry was initiated, and petitioner was put under suspension and resolution of Committee of Management dated 1.10.2017 takes care of the said fact. He also invited attention of the Court that another writ petition, being Writ Petition No.39259 of 2017 filed by the petitioner, is pending consideration.
I have heard learned counsel for the parties and perused the material on record.
It is not in dispute that matter regarding educational qualification of petitioner stood settled by judgment dated 9.1.2013 rendered by this Court in Writ Petition No.64374 of 2012 filed by Committee of Management and the same cannot be agitated again as no appeal was preferred by Committee of Management against the said order.
As far as the contention of learned Senior Counsel appearing for Committee of Management is concerned to the extent that disciplinary proceeding was also initiated against petitioner regarding his alleged unruly conduct, for which Committee had resolved on 1.10.2017 to take action against him and Board not only had taken action in pursuance to requisite educational qualification of petitioner but also his conduct and other charges, cannot be accepted to this extent as the resolution of Board dated 11.12.2019 speaks only about the qualification of petitioner and not about the conduct of petitioner.
In view of the above, I am of the considered opinion, that order dated 11.12.2019 is unsustainable and is hereby quashed as the matter regarding the educational qualification has already been settled by this Court vide judgment dated 9.1.2013 in writ petition filed by Committee of Management. However, Board may proceed to take decision in regard to alleged unruly conduct of petitioner on the basis of inquiry report submitted in disciplinary proceedings as forwarded by Committee of Management within a period of three months from the date of production of a certified copy of this order.
With the aforesaid observation the writ petition stands partly allowed.
Order Date :- 20.12.2019 AKJ