# Krishna Pal Singh v. State of U.P. and others

- **Citation:** (2006) 2 ILRA 762
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2006-07-17
- **Case number:** Civil Misc. Writ Petition No.36758 of 2006
- **Bench:** Tarun Agarwala
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/krishna-pal-singh-v-state-of-u-p-and-others-40655
- **Pages:** 2

## Headnote

Sri Ashok Khare
Sri Mohd. Arif
S.C.

U.P.
Secondary
Education
Service
Selection Board Act 1982-Section-18 (2)-
readwith Inter Mediate Education Act1921-Chapter-II, Regulation-3 (r)-Adhoc
appointment
on
the
post
of
Principal-management passed resolution
appointing the petitioner-papers send
before D.I.O.S. who refused to attest the
signature on the ground that private
respondent is senior to petitioner-heldorder
passed
by
D.I.O.S.
without
jurisdiction-However liberty given to the
parties
to
approach
before
Joint
Director-with
regards
to
claim
of
seniority
if
any-the
same
shall
be
decided in accordance with law.

Held: Para 6

In view of the aforesaid, this Court is of
the opinion that the District Inspector of
Schools had no jurisdiction to pass such
an order. The impugned order dated
6.7.2006 is quashed and the writ petition
is allowed. Since there is a dispute with
regard to the seniority between the
petitioner and the respondent no. 5, this
Court directs the petitioner as well as the
respondent no. 5 to file their respective
claim
before
the
Joint
Director
of
Education under Chapter II Regulation 3
(f) of the Regulations framed under the
Intermediate Education Act 1921 within
two
weeks
from
the
date
of
the
production of a certified copy of this
order. Upon receipt of the claim, the
Joint Director of Education shall hear the
parties
including
the
Committee
of
Management and shall pass a reasoned
and speaking order within a period of
one month from the receipt of the claim.

## Text

762 INDIAN LAW REPORTS ALLAHABAD SERIES [2006
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 17.07.2006

BEFORE
THE HON'BLE TARUN AGARWALA, J.

Civil Misc. Writ Petition No.36758 of 2006

Krishna Pal Singh

...Petitioner
Versus
State of U.P. and others ...Respondents

Counsel for the Petitioner:
Sri Vinod Singh
Sri S.P. Singh

Counsel for the Respondents:
Sri Ashok Khare
Sri Mohd. Arif
S.C.

U.P.
Secondary
Education
Service
Selection Board Act 1982-Section-18 (2)-
readwith Inter Mediate Education Act1921-Chapter-II, Regulation-3 (r)-Adhoc
appointment
on
the
post
of
Principal-management passed resolution
appointing the petitioner-papers send
before D.I.O.S. who refused to attest the
signature on the ground that private
respondent is senior to petitioner-heldorder
passed
by
D.I.O.S.
without
jurisdiction-However liberty given to the
parties
to
approach
before
Joint
Director-with
regards
to
claim
of
seniority
if
any-the
same
shall
be
decided in accordance with law.

Held: Para 6

In view of the aforesaid, this Court is of
the opinion that the District Inspector of
Schools had no jurisdiction to pass such
an order. The impugned order dated
6.7.2006 is quashed and the writ petition
is allowed. Since there is a dispute with
regard to the seniority between the
petitioner and the respondent no. 5, this
Court directs the petitioner as well as the
respondent no. 5 to file their respective
claim
before
the
Joint
Director
of
Education under Chapter II Regulation 3
(f) of the Regulations framed under the
Intermediate Education Act 1921 within
two
weeks
from
the
date
of
the
production of a certified copy of this
order. Upon receipt of the claim, the
Joint Director of Education shall hear the
parties
including
the
Committee
of
Management and shall pass a reasoned
and speaking order within a period of
one month from the receipt of the claim.

(Delivered by Hon'ble Tarun Agarwala, J.)

1. Heard Sri Vinod Sinha, the
learned counsel for the petitioner and Sri
Ashok Khare, the learned Senior Counsel
appearing for the respondent no. 5. As
agreed between the parties, the writ
petition is disposed of at the admission
stage itself without calling for a counter
affidavit.

2. The Committee of Management
by a resolution dated 30.6.2006 resolved
to appoint the petitioner as the adhoc
Principal in the institution. The papers
were forwarded to the District Inspector
of Schools for attestation of the signatures
of the petitioner as the adhoc Principal of
the institution. The District Inspector of
Schools by an order dated 6.7.2006
refused to attest the signatures of the
petitioner
on
the
ground
that
the
respondent no. 5 was senior to the
petitioner. The District Inspector of
Schools held that the petitioner was
wrongly shown as senior to respondent
no. 5 in the seniority list and that the
seniority of the petitioner had wrongly
been calculated.

3. In the opinion of the Court, the
District Inspector of Schools, Saharanpur
had no jurisdiction to pass the impugned
order or decide the question of seniority
2 All] Krishna Pal Singh V. State of U.P. and others
763
interse between the petitioner and the
respondent no. 5.

4. Sri Ashok Khare, the learned
Senior counsel for the respondent no. 5
urged that the District Inspector of
Schools, Saharanpur has the power to
consider the question of seniority while
attesting the signatures of the Principal
under the provisions of Section 18 (2) of
the U.P. Secondary Education Services
Selection Board Act 1982 read with
section 19-A of the General Clauses Act.
Section 18 (2) of the Act is quoted
hereunder:

"18 (2) Where the management fails
to promote the senior most teacher under
sub-section (1) the inspector shall himself
issue the order of promotion of such
teacher and the teacher concerned shall be
entitled to get his salary as the Principal
or the Headmaster, as the case may be,
from the date he joins post in pursuance
of such order of promotion."

5. In my opinion, the said provision
is not applicable, inasmuch as Sub clause
(2) of Section 18 would only be
applicable at a stage where the Committee
of Management fails to promote a teacher
on the post of adhoc Principal or the Head
Master as the case may be. In the present
case, the Committee of Management had
issued a resolution dated 30.6.2006
resolving to appoint the petitioner as an
adhoc Principal. This order was passed in
consonance with the provisions of section
18 (1) of the Act of 1982. Once an order
under sub section (1) is passed, the
question of considering the seniority
under section 18 (2) of the said Act by the
District Inspector of Schools does not
arise. Consequently, if any dispute arises
with regard to the seniority between the
petitioner and the respondent no. 5 or with
any other teaching staff of the institution,
the adjudication of such dispute would
fall under Chapter II Regulation (3) of the
Regulations
framed
under
the
Intermediate Education Act 1921.

6. In view of the aforesaid, this
Court is of the opinion that the District
Inspector of Schools had no jurisdiction to
pass such an order. The impugned order
dated 6.7.2006 is quashed and the writ
petition is allowed. Since there is a
dispute with regard to the seniority
between the petitioner and the respondent
no. 5, this Court directs the petitioner as
well as the respondent no. 5 to file their
respective claim before the Joint Director
of Education under Chapter II Regulation
3 (f) of the Regulations framed under the
Intermediate Education Act 1921 within
two weeks from the date of the production
of a certified copy of this order. Upon
receipt of the claim, the Joint Director of
Education shall hear the parties including
the Committee of Management and shall
pass a reasoned and speaking order within
a period of one month from the receipt of
the claim.

 Petition Allowed.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 14.07.2006

BEFORE
THE HON'BLE D.P. SINGH, J.

Civil Misc. Contempt Petition No. 313 of 1993

Chandra Kishore and another ...Applicants
Versus
Ram Babu and another...Opposite parties

Counsel for the Applicants:
Sri S.K. Jauhari
Sri K. Shailendra