IMPORTANT POINT
A teacher's prior waiver of a position can be condoned under changed circumstances, but a conviction involving moral turpitude disqualifies an individual from holding a principal position.

JUDGMENT :

Hon'ble Ajit Kumar, J.-Heard Sri Sanjeev Singh, learned counsel appearing for the petitioner, Sri V.K. Singh, learned Senior Advocate assisted by Sri Arun Kumar, learned counsel appearing for the respondent No. 6, Sri Santosh Kumar Yadav, learned counsel appearing for the Committee of Management, namely, respondent No. 5 and learned Standing Counsel appearing for the State respondents.

2. The petitioner Ashok Kumar Pandey, who has been officiating as Principal of the institution as a result of attestation of signatures on 12th January, 2022 by the Manager of the institution and the District Inspector of Schools, is aggrieved by the order passed by the District Inspector of Schools dated 12th June, 2023 and also the order passed by the Additional Director of Education dated 6th October, 2023.

3. Briefly stated facts of the case are that the post of principal of the institution fell substantively vacant in the year 2019 and the question arose for giving officiating charge of principal of the institution in terms of Section 18 of the then U.P. Secondary Education Service Selection Board Act, 1982. The petitioner though was the senior most Lecturer working in the institution but at that point of time declined to take charge for deteriorating health and medical conditions of his mother and consequently 6th respondent was given the officiating charge of the principal of the institution on 1st July, 2919 and his signature came to be attested on 17th July, 2019. It transpires that later on petitioner's mother died and so he moved representation that he being senior most teacher of the institution, his claim may be reconsidered for being given officiating charge of principal of the institution due to changed circumstances. The representation of the petitioner was rejected by the District Inspector of Schools against which he filed writ petition being Writ - A No. 15612 of 2020 which was dismissed on 12th September, 2022 on the ground that once petitioner relinquished his claim, may be due to personal problem, to take charge of officiating principal of the institution, then such giving of ad hoc charge cannot be permitted to fluctuate between two different persons so as to allow administrative uncertainties. Petitioner preferred special appeal being Special Appeal No. 7677 of 2022 which was also dismissed with observations that next occasion had not arisen for appointment of officiating principal and therefore, the authorities cited on behalf of the petitioner would not be of any help to him. This order was passed by the Division Bench of this Court on 19th December, 2022. In the meanwhile an intervening incident happened that 6th respondent got convicted in a criminal case being Sessions Trial No. 3900448 of 2016 on 26th December, 2022 under Section 419, 420, 467, 468, 473 I.P.C. The said respondent applied for bail and he was granted bail by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 12690 of 2022 on 11th May, 2023 placing sentence awarded by the trial Court in abeyance. However, since in the meantime 6th respondent did not attend the institution and the administrative uncertainties were looming large in running the institution as no one else was coming forward to take charge as officiating principal of the institution, the Committee of Management resolved to condone the earlier waiver of the petitioner to hold the post of principal of the institution, may be in officiating capacity, and thus resolved to forward his name to be appointed as officiating principal of the institution. Consequently, the District Inspector of Schools, vide order dated 12th January, 2023 attested the signature of the petitioner.

4. Upon being convicted in the criminal case authorized Controller working in the institution had suspended the 6th respondent on 21st January, 2023 and the suspension order came to be approved by the District Inspector of Schools on 10th February, 2023. The Committee of Management, it appears, in the