Avdhesh Kumar v. State Of U.P. And 4 Others

Shri Ashok Khare, learned Senior Advocate, assisted by Shri Mohd. Yaseen, learned counsel for the petitioner, submits that this Court, vide order dated 04.02.2026 passed in Writ-A No.1607 of 2026, directed the District Inspector of Schools, Kanpur Dehat, to consider and decide the proposal dated 13.05.2025 submitted by the Committee of Management, Patel Vidyapeeth Inter College, Baraur, Kanpur Dehat, to terminate the present petitioner from his services. However, instead of adjudicating upon the legality of the proposed termination, the District Inspector of Schools, in turn, has merely passed an order reverting the petitioner from his rank of Officiating Principal to the Lecturer without examining the case as to whether the termination order was passed in accordance with law or not. It is further submitted that the District Inspector of Schools has exceeded its jurisdiction in remitting the petitioner from the post of Officiating Principal to the post of Lecturer without following the due procedure of law. He is an approving authority not a disciplinary.

It is further submitted that the termination order passed by the Committee of Management is not in conformity with Regulations 35, 36 and 37 of Chapter III of the U.P. Intermediate Education Act, 1921 (in brevity 'Act, 1921'). Moreover, the District Inspector of Schools, while passing the order impugned order 18.03.2026, failed to examine the charges levelled against the present petitioner and no findings have been returned by the enquiry committee on the said charges, as mandated under Section 16-G(3) of the Act, 1921.

Learned Senior Counsel has laid emphasis on the letter dated 2 WRIA No. 5106 of 2026

29.01.2026 addressed to the Manager of the Committee of Management whereby directions were issued to release salary to the present petitioner for the post of Lecturer instead of Officiating Principal. This clearly reflects the intention of the District Inspector Of School while passing the impugned order dated 18.03.2026.

Matter requires consideration.

Respondents no.1 to 4 are represented through Shri Vinod Kumar Rai, learned Standing Counsel.

Issue notice to respondent no.5 fixing 07.07.2026 as the date.

In the meantime, both the parties shall exchange their respective affidavits, if any.

Club this writ petition with Writ-A No.16665 of 2024 and Writ-A No.15717 of 2024 and list on 07.07.2026.

Until further orders of this Court, effect and operation of the orders dated 18.03.2026 and 29.01.2026 passed by the District Inspector of Schools (respondent no.3) shall remain stayed. The petitioner shall be paid salary on a regular month to month basis for discharging duties as Officiating Principal. April 20, 2026 VR (Dinesh Pathak,J.)