Court No. - 18 Case :- WRIT - A No. - 41638 of 2010 Petitioner :- Madan Pal Rajput Respondent :- State Of U.P. And Others Petitioner Counsel :- Ram Sajivan Respondent Counsel :- C. S. C. Hon'ble Arun Tandon,J.
Petitioner claims to have been appointed as officiating Principal after the
Committee of Management of Bhartiya Inter College, Netanandpur, Kannauj
decided to suspend its permanent Principal namely Ram Prakash Verma.
From paragraph 11 of the writ petition it is apparently clear that such
suspension has not been approved by the District Inspector of Schools within
60 days and therefore in view of Section 16-G (7) of the Intermediate
Education Act, the suspension has become inoperative in the eyes of law. It is
then stated in paragraph 17 of the writ petition that the committee has passed
a resolution terminating the employment of the Principal of the institution.
However, there is no averment that such proposal of the committee has been
approved by the U.P. Secondary Education Services Selection Board, as
required under Section 21 of U.P. Act No. 5 of 1982.
In these set of facts there is neither any temporary vacancy nor permanent
vacancy in the institution qua the post of Principal against which the
petitioner can claim appointment.
Writ petition is dismissed.
Order Date :- 20.7.2010
Pkb/