Allahabad High Court
Dr. Rakshpal Singh vs State Of U.P. And 5 Others on 15 December, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:237613 Court No. - 35 Case :- WRIT - A No. - 20766 of 2023 Petitioner :- Dr. Rakshpal Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Alok Dwivedi Counsel for Respondent :- C.S.C.,Krishna Kumar Chand Hon'ble Vikas Budhwar,J.
1. Heard Sri Alok Dwivedi, learned counsel for the writ petitioner as well as Sri Shailendra Singh, learned Standing Counsel who appears for respondents No. 1, 2, 3 and 6 and Sri K.K. Chand, learned counsel who appears for respondent No. 4.
2. In view of the order which is being proposed to be passed today, notice is not being issued to the fifth respondent.
3. The case of the writ petitioner is that the fourth respondent, U.P. Secondary Service Selection Board got published an advertisement No. 1 of 2011 on 27.06.2011 for filling up the post of Principal and the said advertisement contemplated four different classes namely, class (i) for boys Institution receiving grant-in-aid upto Intermediate, class (ii) for girls institutions receiving granting-in-aid upto Intermediate, class (iii) for boys institutions receiving grant-in-aid upto High School and class (iv) for Girls institutions receiving grant-in-aid upto High School. The writ petitioner claims to have been selected by the Board on the post of Headmaster in Roshan Lal Gautam Higher Secondary School, Sadabad and placement order was issued on 13.06.2003 and the said institution as per its category is class (iii) receiving grant-in-aid upto High School. On 24.06.2008, the writ petitioner's services stood transferred to another institution namely, Maharaj Surajmal Lal Inter College, Agra as Headmaster, the said institution is stated to be under class (iii). The writ petitioner was accorded joining in the year 2008. In the meantime, the selection Board issued a fresh advertisement No. 1 of 2011 for the post of Principal in different institutions, the petitioner applied for the post of Principal for class (i) (boys institution receiving grant-in-aid upto intermediate). Interviews were conducted and, however the said selection proceedings with respect to advertisement No. 1 of 2011 was stayed for the post of Principal in Writ A No. 6550 of 2014 (Harish Chandra Dixit & Others Vs. State of U.P. & Others) wherein the interim order was modified whereby the selection Board was required to conclude the said selection thereafter a panel is stated to have been issued on 05.01.2022 and the writ petitioner was declared selected and accorded placement in Kunwar Balbeer Singh Inter College, Banail, Bulandshahr which is class (i) institution referable to boys institution receiving grant-in-aid, a consequential order was also issued by the District Inspector of Schools, Bulandshahr on 07.01.2022 for according appointment and placement. The petitioner appeared before the institution but he was informed that the aforesaid institution is receiving grant-in-aid only upto High School and is class (iii) institution. The District Inspector of Schools, Bulandshahr thereafter made an inquiry and found that the fifth respondent-institution is receiving grant-in-aid upto High Schools only and the third respondent issued a letter dated 15.01.2022 to the fourth respondent, Selection Board informing the institution is receiving grant-in-aid upto High School only the writ petitioner has been selected in class (i). Since no decision was taken so the writ petitioner preferred Writ A No. 8413 of 2022 (Dr. Raksha Pal Singh Vs. State of U.P.) which required the fourth respondent Selection Board to take decision.
4. In para 16 of the writ petition, it is further asserted that the Secretary, Selection Board vide its communication dated 23.08.2022 decided the claim of the writ petitioner stating that the Selection Board had declared the result of the Principal in 42 institutions in class (i) i.e. Intermediate boys institution receiving grant-in-aid and against 42 institutions senior-most teachers were declared selected in 10 institutions and remaining 32 institutions, fresh/independent candidates were declared selected in which petitioner is placed at the bottom of the merit list. It was further clarified that since the fifth respondent-institution is ousted from the list of the institutions therefore there remains only 41 institutions and writ petitioner being the last selected candidates also stands ousted. The writ petitioner claims to have preferred representation before the respondents. In pursuance of the representation so preferred by the writ petitioner on 25.01.2023, the District Inspector of Schools, Bulandshahr by virtue of the letter dated 21.02.2023 informed that in six class (i) (boys institution) receiving grant-in-aid upto Intermediate they were as many as five institutions in which the posts are lying vacant and the writ petitioner can be accorded placement in this regard.
5. Prayer in the present petition is for a direction to the respondents to decide the claim of the writ petitioner.
6. Sri Shailendra Singh, learned Standing Counsel as well as Sri K.K. Chand, learned counsel who appear for the respondents submit that in the wake of the amendment so made and also the fact that the Board stands disbanded, thus, it is the sixth respondent, Director of Education, Secondary, U.P., Lucknow has to take a conscious decision. He submits that let the writ petitioner approach the sixth respondent who shall take appropriate decision. They further submits that they do not propose to file any response to the writ petition.
7. Considering the submission of the rival parties as well as the stand taken by them, the writ petition stands disposed of granting liberty to the writ petitioner to approach the sixth respondent who shall thereafter put to notice the institutions wherein the claim of the writ petitioner can be crystalized and take an appropriate decision in accordance with law within a period of two months from the date of production of certified copy of the order.
8. With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 15.12.2023 Rajesh