Shashank Maulishwar Mani Tripathi vs District Inspector of Schools and Others

Ravi S. Dhavan, J.—The Petitioner, Shashank Mauliahwar Mani Tripathi, does not find his came being forwarded for approval to the District Inspector of Schools, Deoria, for being appoined in a vacancy which has occurred on the post of a L.T. Grade teacher. The Committee of Management of Lala Karam Chand Thapar Inter College, Baitalpur, Deoria, has forwarded the name of Umender Singh as Assistant teacher for approval before the District Inspector of Schools, Deoria. As, the Petitioner''s name has been left out or, in the alternative his name has not been sent, this action of the Committee of Management aggrieves the Petitioner and thus, he has filed the present writ petition The approval has been granted by the District Inspector of Sohools, Deoris, on the name of Respondent No. 3, namely Umender Singh.

The contention in the petition is that, if the grading had correctly been done at the selection by the Committee of Management, then the Petitioner ought to have been selected and his name would have been forwarded for approval. In this context, learned Counsel for the Petitioner. Sri Dinesh Dwivedi placed before the Court, the U.P. Madhyamik Shiksha Sewa Aayog. (Pratham Sansodhan) Niyamawali, 1992 The contention is to the effect that had the gradations been done in accordance with the rules, aforesaid, the result would have been different.

The Court has seem the marks of Respondent No. 3 and also of the Petitioner as given in the petition, in paragraphs 4 and 6.

While this Court is unable to say which of the two is better qualified or, for that matter, interior to other, the Court is of the view that the Selection Committee has not committed any error. II cannot be ruled out that if the grading is to be done, as the Petitioner desires it may show another result. But, at the best, this would be a second view of the situation, If two views are possible and one is not illogical, a writ of certiorari cannot be issued merely because the Court could also take another view.

Thus, this is not a matter in which the High Court ought to interfere. The writ petition is misconceived and is dismissed in limine.