Rajasthan High Court - Jaipur
Narender Kumar Arya vs M C S P R Saharia &Ors on 13 January, 2010
Author: Ajay Rastogi
Bench: Ajay Rastogi
In the High Court of Judicature for Rajasthan
Jaipur Bench
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Civil Writ Petition No.319/2010 Narendra Kr. Arya Versus Man. Com. SPR
Sharia Sr. Sec. School, Kaladera &Ors.
Date of Order ::: 13/01/10
Hon'ble Mr. Justice Ajay Rastogi
Mr. Vinod Goyal, for petitioner
Instant petition has been filed assailing order dt.05/11/09 (Ann.12) whereby application filed by applicants seeking their impleadment as party respondent in Org. Appl.-206/2009 filed by petitioner was allowed.
Counsel submits that applicants (respondents-4 to 11 herein) are neither necessary nor proper party and that apart, no reasons have been assigned by the learned Tribunal and fair opportunity was not afforded to petitioner while passing order impugned.
In the opinion of this Court, both the submission made (supra) are without merit for the reason that initially officiating charge of the post of Principal of the School was given to petitioner; however, it appears that one Arvind Kr. Dube who was indisputably senior to the petitioner, made complaint, on which letter dt.18/09/06 (Ann.5) was sent by District Education Officer (Secondary Education) Jaipur-I directng Management of the institution to consider claim of senior most lecturer permitting him to officiate as Principal in pursuance whereof, order was passed by the Management of the Educational institution on 20/09/06 (Ann.6) directing the petitioner to hand over the charge of officiating Principal. At this stage, application was preferred by petitioner before the learned Tribunal and some interim order was passed in his favour, as a result whereof, petitioner is presently holding officiating charge of Principal since than and had also not made efforts to array applicant Arvind Kr. Dubey as party respondent alongwith other lecturers who have jointly filed application before the Tribunal for their impleadment.
After taking note of material on record, the learned Tribunal considered it proper to implead them as party respondents vide order impugned because one of objections which prevailed upon the Tribunal was that Arvind Kr. Dubey was admittedly senior to the petitioner on the post of Lecturer and whose rights have been seriously prejudiced if person junior to him is allowed to officiaate as Principal of the School without he being at fault. This court finds no manifest error being committed by the learned Tribunal while passing order impugned warranting interference of this Court.
Consequently, writ petition fails and is hereby dismissed.
(Ajay Rastogi), J.
K.Khatri/p3/ 319CW2010Jn13-DsEdTri.do