Chandra Deo Sharma vs Director of Education & Others

R.M. Sahai, J.—This petition is directed against orders dated 6th January, 1977 and 16th March, 1982, copies of which have been filed as Annexures 7 and 8 to the writ petition. The petitioner was appointed as a clerk and was working as such when the vacancy of Head Clerk arose. The Committee of Management by a resolution appointed the petitioner and sent the papers to the District Inspector of Schools for approval which were accepted by him. Thereafter the petitioner was promoted and entry was also made in the service record. After a lapse of one year the District Inspector of Schools appears to have appointed opposite party no. 5, a person junior to petitioner as Head clerk on the basis of selection alleged to have been made by him. Various allegations have been made by petitioner against opposite parties but it is not necessary to go into them as the appointment of Head clerk could not have been made by District Inspector of Schools and could only be made by either Principal or Committee of Management. There is no rule in the U.P. Intermediate Education Act by which the Inspector of Schools could appoint a person as Head clerk in an institution. Further the petitioner having been appointed as Head clerk as he was the seniormost clerk and his appointment having been approved by the District Inspector of Schools, it could not be nullified by Inspector of schools on his own. Unfortunately even though opposite parties have been served and are represented but they have not filed any counter/affidavit. The allegations, therefore, remain unrebutted.

In these circumstances the petition succeeds and is allowed. The order dated 6th January, 1977 and 16 March, 1982 passed by the District Inspector of Schools and appellate authority are quashed.

(Petition allowed)