Dharm Vir Singh vs State of U.P. and Others

Devendra Pratap Singh, J.—Heard learned Counsel for the parties and with their consent this petition is being disposed off.

It is pleaded that Sarswati Bal Mandir Uchchatar Madhyamik Vidyalaya, Shastri Nagar in Jaunpur is a recognized and aided institution where the post of Principal fell vacant on 30.6.2000 which was duly advertised by the Respondent Board vide advertisement No. 1 of 2002 and a panel was prepared by the Board in which Dr. Vijay Kumar Singh was placed at serial number 1 while Sri Anil Kumar Shahi, Respondent No. 5 was placed at serial number 2.

It appears that upon challenge being made by Sri Shahi, empanelment and selection of Dr. Vijay Kumar Singh was cancelled by the Board vide order dated 9.7.2010, whereafter, the District Inspector of Schools issued a letter to the Committee of Management to ensure the joining of the Respondent No. 5.

The Petitioner, who was working as the adhoc Principal challenged the said action of the District Inspector of Schools in writ petition No. 60348 of 2010 and after hearing the parties, the writ petition was dismissed on 22.10.2010 holding that since the selection of Dr. Vijai Kumar Singh was void, the Respondent No. 5 was entitled to be appointed. It appears that against the aforesaid decision, the Petitioner preferred Special Appeal No. 1823 of 2010 which was finally heard and judgment reserved but pending delivery of judgment, following status quo order was passed on 12.11.2010.

Arguments concluded.

Judgment is reserved.

Pending judgments, status quo as on date be maintained.

The Petitioner has come up before this Court challenging the order dated 11.1.2011 passed by the District Inspector of Schools ordering single operation of accounts for payment of salary to the Respondent No. 5. The Petitioner has also produced an order dated 20.1.2011 for release of salary to the Respondent No. 5.

It is contended that in view of the status quo order dated 12.11.2010, no further action could be taken and therefore, the orders are vitiated.

Without going into the merits of the contention, a perusal of both the orders show that no reference has been made with regard to the status quo order of this Court dated 12.11.2010 and it appears that the said order may not have been brought to the notice of the District Inspector of Schools, Jaunpur.

In view of the aforesaid, the District Inspector of Schools, Jaunpur may reconsider the issue and take a fresh decision after considering the effect of the order dated 12.11.2010 within a period of four weeks from today and till then he may not insist upon execution of the aforesaid two orders.

Let a copy of this order be given to learned Standing Counsel within twenty four hours for information to the District Inspector of Schools, Jaunpur.