Plea challenging order related to post dismissed

Source: The Hitavada      Date: 06 Aug 2017 15:56:35


 

 

 

 

 

 

 

 

 

Legal Correspondent,

A division bench of the Madhya Pradesh High Court comprising Chief Justice, Hemant Gupta and Justice, Vijay Kumar Shukla has dismissed the writ appeal filed by Rammilan Shukla, challenging the order dated June 27, 2017 passed in writ petition by the Single Judge, whereby the officiating respondents were permitted to fill up the post of Principal, Government Higher Secondary School Bardi, Block Chitrangi, district Singrauli by an officer, who is substantively holding the said post and that, neither the writ petitioner nor respondent Baleshwar Prasad Tiwari were ordered to be permitted to occupy the post of Principal on officiating basis.

The division bench said “We do not find any error in the order passed by the Single Judge as, in the event of dispute between the writ petitioner and respondent Baleshwar Prasad Tiwari, Varishtha Adhyapak, the functioning of the school cannot be jeopardised. The school has to function irrespective of the claim and counter-claim of the writ petitioner and respondent Baleshwar Prasad Tiwari. In view thereof, we do not find any error in the order passed by the learned Single Judge. The writ appeal is accordingly dismissed.”

The division bench heard the writ appeal contending that the writ petitioner and respondent Baleshwar Prasad Tiwari are at loggerheads to occupy the post of Incharge-Principal at Government Higher Secondary School Bardi, Block Chitrangi, district Singrauli. Both of them are not substantively holding the post of Principal. Since the two contenders were fighting for the post of Incharge-Principal, a direction has been issued by the Single Judge to post a person holding substantive rank of Principal.

Earlier, the petitioner and respondent Baleshwar Prasad Tiwari were at loggerheads for occupying the post of Incharge Principal in Government Higher Secondary School Bardi (District Singrauli).  Admittedly, neither petitioner nor respondent Baleshwar Prasad Tiwari is substantively holding the post of Principal. Their substantive posts are different. Petitioner’s substantive post is Head Master, Middle School whereas Respondent Baleshwar Prasad Tiwari’s substantive post is Varishtha Adhyapak, Higher Secondary School. The petitioner had made serious allegations of corruption against respondent Baleshwar Prasad Tiwari and submitted that there are serious complaints against respondent Baleshwar Prasad Tiwari, which was backed up jointly by all the teachers. Reliance is placed on the communication dated on January 6, 2017. The Respondent Baleshwar Prasad Tiwari has also made serious allegation of corruption against the petitioner. He also filed documents in support thereof.

In the opinion of this court, neither petitioner nor respondent Baleshwar Prasad Tiwari has any legal vested statutory or constitutional right to occupy the post of Principal on Officiating or Current Charged basis. No writ can be issued in this regard, the single bench said earlier in writ petition.