Respondent :- Block Education Officer And 4 Others
Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh,Dharmraj Chaudhary
Counsel for Respondent :- C.S.C.,Awadhesh Kumar
On 13.9.2019, the Court had passed following order:-
"Heard learned counsel for the petitioner, Sri Awadesh Kumar, learned counsel for the respondent nos. 1 to 3 and learned Standing Counsel for the respondent no.4.
Learned counsel for the petitioner submitted that there were two schools, one Lower Primary and second Upper Primary in same campus and both are merged and controverted into English Medium School as provided in circular dated 23.2.2019. The said circular further provides that teachers appointed in English Medium School must have obtain education through English Medium or English should be one of the subject at Intermediate Level and petitioner is fully qualified as he is having English one of the subject in Intermediate Examination. Apart from that he has also qualified the examination for appointment in English Medium School as provided in circular dated 23.2.2019.
He next submitted that earlier respondent no.5-Tulsi Ram Verma was Headmaster of Lower Primary School and after merger and conversion of the school, he is not qualified to be appointed as teacher as he is not having English subject in Intermediate Examination.
He next submitted that prior to merger, petitioner is working as officiating Principal of the Upper Primary School with effect from 1.7.2013, but after merger, Block Education Officer has passed order dated 22.08.2019 directing the petitioner to hand over the charge to Tulsi Ram Verma-respondent no.5 ignoring this fact that he is not qualified to be appointed even as Teacher of English Medium School. He next submitted that if a person is not having qualification, he cannot be given officiating charge of post, therefore, under such facts and circumstances, order dated 22.8.2019 passed by respondent no.1 is bad in law and liable to be quashed.
Sri Awadesh Kumar, learned counsel for the respondent nos. 1 to 3 prays for and is granted one week time to seek instruction with regard to qualification of petitioner as well as respondent no.5.
List this case on 23rd September, 2019.
Till the next date of listing, parties shall maintain status quo as on date."
Pursuant to the order dated 13.9.2019, Sri Awadhesh Kumar, learned counsel for the respondent nos. 1 to 3 has produced instruction dated 24.9.2019, which is taken on record.
In paragraph 3 of the instruction dated 24.9.2019, it is clearly stated that neither respondent no. 5 is having minimum qualification for appointment on the post of Assistant Teacher as he has not passed Intermediate Examination with English subject nor he has participated in recruitment process being ineligible.
Matter requires consideration.
Issue notice to respondent no. 5 returnable within six weeks.
Steps be taken within a week.
All the respondents are granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List this case on 13.11.2019.
Until further orders of this Court, impugned order dated 22.8.2019 passed by respondent no. 1 shall remain stayed.
Order Date :- 24.9.2019