Hon’ble Sudhir Agarwal, J.—As agreed and requested by learned counsel for the parties I proceed to hear and decide the matter finally at this stage under the Rules of the Court.

2. The writ petition is directed against the order dated 31.10.2011 (Annexure 5 to the writ petition) whereby District Inspector of Schools, Ballia (hereinafter referred to as “DIOS”) has approved and promoted Smt. Shashi Singh, respondent No. 4, Lecturer in Civics in Government Girls Intermediate College, Ballia (hereinafter referred to as “College”) to function as Principal of the College being the senior most lecturer till regular arrangement on the said post of Principal is made.

3. The facts in brief giving rise to the present dispute reads as under.

4. The petitioner was initially appointed as C.T. Grade teacher in Government College on 30.6.1978, got L.T. Grade on 17.11.1980 and was ultimately promoted as Lecturer in Mathematics on 16.1.1996. It is not disputed that respondent No. 4 Smt. Shashi Singh, Lecturer-Civics is senior to the petitioner. One Jalish Fatima Beg was the Principal of the College and on attaining the age of superannuation retired on 30.6.2005. She thought to hand over charge to the senior most lecturer but could not find due to reluctance to take over charge hence she (Jalish Fatima Beg) wrote a letter on 29.6.2005 to DIOS seeking his guidance in the matter. The DIOS made an endorsement on the letter on the same day i.e. 29.6.2005 that whoever senior-most available, charge may be handed over to him/her and in case he/she does not take over charge, certificate to this effect be produced before DIOS.

5. Jalish Fatima Beg handed over charge to the next senior-most lecturer Km. Archana Chatterjee, Lecturer (History), who wrote a letter on 30.6.2006 to DIOS stating that she is not willing to take over charge of the Principal and therefore it may be handed over to some one else. Similar letter was given by the next senior most lecturer Ramesh Pandey, lecturer (Physics) and the same thing repeated by Smt. Afros Bano, Lecturer, Smt. Rajeshwari Nigam, Lecurer and Smt. Shashi Singh, Lecturer (Civics) respondent No. 4 vide letters dated 1.7.2005, copies whereof are on pages 29, 30, 31 and 32 to the writ petition. Consequently a report was prepared in the office of DIOS giving all these facts whereupon an order was passed by DIOS directing to hand over charge to the next senior most teacher i.e. Smt. Duleshwari Devi (petitioner). The charge thus was taken over by petitioner on 1.7.2005. She also executed a relieving certificate. (a copy whereof has been filed as Annexure 4 to the writ petition). It is said that since then petitioner is performing the duties of Principal of the College till regular arrangement is made.

6. After almost six and a half years, respondent No. 4 set up a claim for the first time on 5.8.2011 before District Magistrate, Ballia who directed management and DIOS to look into the matter whereafter DIOS sought seniority list of Lecturers from the College and has passed the impugned order dated 31.10.2011 directing to hand over charge of Principal to respondent No. 4 till substantive arrangement is made on the said post.

7. It is contended by Sri R.K. Ojha, Advocate, learned counsel appearing for the petitioner that once senior teachers have declined to take over charge as Principal, and, it is handed over to senior teacher next in order, later on the senior incumbent, who has declined to take over charge of the Principal, cannot turn around and claim the said charge. Reliance is placed on this Court’s decisions in Sundershan Kumar v. State of U.P. and others (Special Appeal No. 959 of 2006 decided on 15.9.2006 and Smt. Sudesh Kalkkar v. Regional Inspectress of Girls Schools, Ist Region, Meereut and others (Special Appeal No. 141 of 1993), and Archana Singh (Smt.) v. State of U.P. and others, 2009(6) ADJ 115 and Ashok Kumar Jain v. State of U.P. and others, 2008(1) ADJ 512. He also contended that District Magis