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Upendra Nath Singh v. State Of U.P. & Others - WRIT - A No. 14183 of 2007 [2007] RD-AH 4744 (16 March 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).



Hon'ble V. K. Shukla, J.

       Contention of petitioner is that substantive status of Jai Shankar Singh, respondent No. 6, is that of lecturer. Being senior most lecturer in the institution, he had been performing and discharging duties as Principal. The date of birth of Jai Shankar Singh being 12.12.1944, he attained the age of superannuation on 11.12.2006, and thereafter, he is not entitled to function as ad hoc Principal in view of Division Bench judgment of this Court in the case of Hari Om Tatsat Shukla v. State of U.P. and others, 2007 (1) ESC 193, wherein Regulation 21 of Chapter III of the Regulations framed under U.P. Intermediate Education Act, 1921 has been adverted to; rather being next in seniority, it is petitioner who is entitled to officiate as Principal of the institution.

    Grievance raised by petitioner can be looked into and examined by the District Inspector of School, Varanasi, as such liberty is given to petitioner to represent the matter before the District Inspector of School, along with a certified copy of this order within two weeks from today. In the event of any such representation being made,  said authority shall proceed to look into the grievance of petitioner and take appropriate decision, in accordance with law, by means of reasoned and speaking order, within next six weeks, and the decision so taken be communicated to petitioner. However, it is made clear that during Board's examination, the arrangement which has been made, same shall remain in operation till the examination are over.

    In terms of above observation and direction, writ petition is disposed of.  



SRY. 14183/07


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