Learned standing counsel has accepted notice on behalf of respondent Nos. 1, 2 and 4. Sri A.K. Yadav, Advocate, has entered appearance on behalf of respondent No. 3. Issue notice to respondent Nos.5, 6 and 7.
Each one of the respondents is granted six weeks' time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks.
List thereafter.
It has been contended on behalf of petitioner that he is duly selected candidate by the U.P. Secondary Education Selection Board, Allahabad, and the District Inspector of Schools way back on 31.07.2009 had passed an order asking the Committee of Management of the institution concerned to take further follow-up action as is envisaged under Rule 13 of U.P. Secondary Education Selection Board Rules, 1998. Petitioner has stated that since the Committee of Management was not ensuring compliance of the aforementioned order, the District Inspector of Schools has proceeded to pass order for ensuring payment of salary to petitioner. Petitioner has further stated that on one hand the Committee of Management is not permitting the petitioner to join the institution, perform and discharge his duties and, on the other hand, although the petitioner has been putting his attendance at the office of the District Inspector of Schools, but at present salary is not being ensured to him.
In such a situation and in this background, as is envisaged under U.P. Act No. 24 of 1971, the District Inspector of Schools, Kushinagar is directed to take immediate action on the request made by the petitioner and further to take action under Section 17 (2) and 17 (3) of U.P. Act No. 5 of 1982 against the management for non-compliance of the directives issued by the District Inspector of Schools.
Order Date :- 26.10.2010 SRY