Court No. - 26 Case :- WRIT - A No. - 1141 of 2010 Petitioner :- Om Prakash Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- K.K. Roy,Ashok Khare,Nand Kishore Singh Respondent Counsel :- C.S.C.,J.N. Maurya Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and Shri J.N.Maurya, learned counsel
for the respondent Commission as well as learned Standing Counsel.
Petitioner will serve respondent Nos. 4 and 5 by registered post. Steps be
taken within one week.
All the respondents may file counter affidavit within four weeks. Rejoinder
affidavit may be filed by the petitioner within two weeks thereafter.
List immediately after expiry of the aforesaid period.
It has been submitted by learned counsel for the petitioner that there is a
requirement under Rule 4 (1) (3) of the U.P. Secondary Education Service
Commission Rules, 1983 and the names of two senior most teachers along
with the copies of service records, character roll and other relevant record has
to be sent before the Board. Reliance has been placed on two judgments of
this Court reported in 1984 UPLBEC 914 Kedar Nath Awasthi Vs.
Administrator (Nagar Palika) as Manager of Aminabad Intermediate
College, Lucknow and others and 1999 (1) UPLBEC 706 Ram Briksh
Maurya Vs. Murlidhar Mishra and others. Further it has been stated that
according to regulation 8 (6) of the U.P. Secondary Education Services
Selection Board (Procedure and Conduct of business) Regulation 1998
provides “that the intimation for interview shall be sent to the candidate 21
days in advance by posts at the address given in the application”. As no
intimation to that effect was given therefore in view of the Division Bench
judgment mentioned above, the petitioners have been prejudiced.
Shri J.N.Maurya, learned counsel appearing for the Commission has brought
to the notice of the Court that the intimation was sent but from the intimation
it appears that it was addressed to the second senior most teacher of the
institution. In such situation, it appears prima facie that no intimation was
given to the petitioner as such they were not able to appear in the interview.
In such circumstances, the petitioner is entitled for interim relief. For a period
of two months the Committee of Management and the District Inspector of
Schools shall not implement the panel forwarded by the Board for the
purposes of appointment on the post of Principal in the petitioner’s institution.
Order Date :- 13.1.2010
SKD