The Allahabad High Court has held that there is no statutory provision in the U.P. Intermediate Education Act or elsewhere empowering the District Inspector of Schools to interfere with the seniority list issued by the Committee of Management of any institution.
A bench of Justice Ajit Kumar held,
“the District Inspector of Schools has no authority under provisions of the regulations framed under the U.P. Intermediate Education Act or under any other statutory provision to interfere with the seniority list issued by the committee of management of the college or to issue a direction to the committee of management to issue a fresh seniority list and to appoint officiating principal as per the modified seniority list to be issued as per the directions of the District Inspector of Schools.”
Committee of Management, Kunwar Rukum Singh Vaidik Inter College, Badaun approached the High Court under Article 226 of the Constitution challenging the rejection of the seniority published by it. While rejecting the seniority list, the District Inspector of Schools directed the committee to issue a fresh seniority list. Further, the DIOS directed appointment of third party on the post of Principal of the institution, which was also challenged by the Committee.
Regarding locus standi of the petitioners in challenging the order of the DIOS, it was submitted that Regulation 3 of Chapter II of the Regulations framed under U.P. Intermediate Education Act, 1921 empowers the Committee of Management of any institution to issue its seniority list. However, no such provision has been made for the DIOS to interfere in the list issued by the Committee.
The Court upheld the locus standi of the petitioners as they had issued the seniority list by exercising powers under Regulation 3 of Chapter II of the Regulations framed under U.P. Intermediate Education Act, 1921. However, the DIOS directed the change in seniority list and appointed its own Principal.
“Regulation 3 does not confer any power on the District Inspector of Schools to interfere with the seniority list published by the Committee of Management of any institution. Regulation 3(1)(f) provides that any person aggrieved by fixation of his seniority, may file an appeal before the Regional Deputy Director of Education and the appellate authority can pass suitable orders in exercise of his appellate jurisdiction.”
The Court held that there is no suo moto power granted to the Regional Deputy Director of Education to interfere in the seniority list.
Accordingly, the writ petition was allowed.
Case Title: C/M Kunwar Rukum Singh Vaidik Inter College And Another v. State Of U.P. And 3 Others [WRIT – A No. – 7795 of 2024]
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