IMPORTANT POINT
The District Inspector of Schools does not have the authority to interfere with the seniority list prepared by the Committee of Management under the Uttar Pradesh Intermediate Education Act, 1921.

JUDGMENT :

Hon'ble Subhash Vidyarthi, J.

1. Heard Sri Prabhakar Awasthi, the learned counsel for the petitioners, Sri Shailendra Singh, the learned Standing Counsel representing the opposite parties no. 1, 2 & 3 and Sri Manish Kumar holding brief of Sri Shivendra Bahadur Singh, the learned counsel for the opposite party no. 4.

2. By means of the instant writ petition filed under Article 226 of the Constitution of India, the petitioners-Committee of Management, Kunwar Rukum Singh Vaidik Inter College, Badaun and its Manager have challenged validity of an order dated 27.03.2024 passed by the District Inspector of Schools, Badaun, rejecting the seniority list of Lecturers in the petitioners' institution, prepared by the petitioners and directing them to issue a fresh seniority list as per the earlier seniority list published by the petitioners in the year 2020-21 in furtherance of an order dated 02.03.2017 passed by the Joint Director of Education, Bareilly Division, Bareilly. The petitioners have also challenged validity of an order dated 15.04.2024 passed by the District Inspector of Schools, Badaun, directing the petitioners to hand over charge of the post of Principal to the opposite party no. 4, failing which the proceedings will be initiated for superseding the managing committee of the college.

3. On the last date, this Court had passed an order that locus standi of the petitioners to challenge validity of the seniority list will be examined by this Court as the committee of management has challenged the seniority list and the persons affected by the impugned order, who would become junior to the opposite party no. 4 by implementation of the impugned order, has not come forward to assail validity of the impugned orders.

4. Regarding locus standi of the petitioners, the learned counsel for the petitioners has submitted that under the provisions contained in Regulation 3 of Chapter II of the Regulations framed under Uttar Pradesh Intermediate Education Act, 1921 the Committee of Management has been given the responsibility to prepare a seniority list of teachers. Officiating Principals are appointed in accordance with the seniority of the teachers.

5. In exercise of powers conferred by Regulation 3 of Chapter II of the aforesaid regulations, the petitioners have fixed seniority of teachers, as per which it is entitled to appoint the senior-most teacher Dr. Yogendra Pal as officiating principal of the college. By the impugned order, the opposite party no. 3 has directed the petitioners to issue a fresh seniority list by placing the opposite party no. 4 at the senior-most position and hand over the charge of the principal of the college. This order would affect the petitioners directly, as it mandates the petitioners to issue a fresh seniority list as per the directions issued by the opposite party no. 3 and to hand over charge of the post of Principal to the opposite party no. 4, who is not otherwise entitled to be appointed as Principal as per the seniority list issued by the petitioners.

6. In view of the aforesaid fact, this Court is of the considered opinion that the petitioners are affected by the impugned orders and they have the locus standi to challenge the same by filing a writ petition under Article 226 of the Constitution of India.

7. Accordingly, I proceed to examine the merits of the writ petition.

8. The petitioners have published a seniority list of teachers for the year 2023-24, which has been disapproved by the District Inspector of Schools. The relevant provision, which is contained under Regulation 3 of Chapter II of the Intermediate Education Act, 1921 is being reproduced below:-

“3. (1) The Committee of Management of every institution shall cause a seniority list of teachers to be prepared in accordance with the following provisions-

(a) The seniority list shall be prepared separately for each grade of teachers whether permanent or temporary, on any substantive post;

(b) Seniority of teachers in a grade shal