High Court
Case Details
Neutral Citation No. - 2023:AHC:134791 Court No. - 35 Case :- WRIT - A No. - 9921 of 2023
Legal Reasoning
Petitioner :- Yogendra Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prem Prakash Yadav,Ram Ajor Counsel for Respondent :- C.S.C.,Namit Srivastava,Parul Srivastava,Vijay Kumar Upadhyay Hon'ble Vikas Budhwar,J. Heard Sri Prem Prakash Yadav, learned counsel for the petitioner, learned Standing Counsel for Respondents 1 and 2. Sri Vinod Kumar Singh along with Sri Vijay Kumar Upadhyay appears for the third respondent, Committee of Management and Sri Namit Srivastava for the fourth respondent.
Decision
The case of the writ petitioner as worded in the writ petition is that the there is an institution, Dr. Ram Manohar Lohiya Smarak Inter College, Garhmukteshwar, Hapur, which is a recognized under the provisions of U.P. Intermediate Education Act, 1981 and the provisions contained under U.P. High School and Intermediate College (Payment of Salary to Teachers and other employees) Act, 1971 and U.P. Secondary Education Services Selection Act, 1982 stand allowed. According to the writ petitioner, he was appointed as Lecturer in Economics (wrongly typed as Civics), Lala Babu Baijal Memorial Inter College, Lodipur, Ghaziabad and thereafter, he was adjusted in the third respondent-institution. In paragraph-5 of the writ petition, the writ petitioner further asserts that he is the senior most Lecturer in the institution and consequent to the retirement of Sri Shrawan Kumar, the petitioner was entrusted with the charge of Officiating Principal in the third respondent-institution by virtue of the order dated 30.06.2014. It is further the case of the writ petitioner that on 02.03.2023, an order was passed by the second respondent, District Inspector of Schools, Hapur District Hapur, whereby with the ensuing examinations to be conducted therein, the writ petitioner herein made a request that he is not well and thus, he is not able to perform the duties of the Officiating Principal and thus, for the period till the continuation of the examination, the charge may be given to any other incumbent. Accordingly, on 02.03.2023, second respondent accorded charge of the Officiating Principal to the fourth respondent. In paragraph-7 of the writ petition, the petitioner further asserts that he is suffering from certain physical problems and he will remain on medical leave till 20.03.2023 and after being certified to be fit, he preferred an application on 23.03.2023 before the third respondent, Committee of Management for granting charge on the post of Officiating Principal. Learned counsel for the writ petitioner has referred to paragraph-8 and Annexure-5 of the writ petition, which commences from page-27-A and concludes at page 32 of the paper book in order to substantiate the fact that he has been certified to be fit to assume the charge on the post in question. Learned counsel for the writ petitioner has further invited the attention of the Court towards paragraph-9 of the writ petition so as to contend that on 23.02.2023, the second respondent, District Inspector of Schools, has again continued the fourth respondent to be the Officiating Principal, despite the fact that the writ petitioner was entitled to be handed over the charge of the Officiating Principal. In paragraph-10 of the writ petition, the petitioner further made an averment that the writ petitioner was also suffering from psychiatric problem and he was also advised to be on rest and he also preferred an application for joining as soon as he becomes fit. In paragraph-11 of the writ petition, further averment has been made that when the petitioner went to join the post of Officiating Principal on 22.03.2023, then the third respondent, Committee of Management restrained the writ petitioner from being accorded joining on the said post and in fact, the room where the writ petition was stationed used to side was in lock. It is the further the case of the writ petitioner that he again preferred a representation before the third respondent on 29.03.2023 for according joining, as he was fit. On his representation on 31.03.2023, the third respondent-institution did not accord joining to the writ petitioner on the pretext that the petitioner has to be first subjected to medical examination certifying it to be fit, then he would be accorded joining. In between also, the petitioner preferred representation before the second respondent, which was in vein and ultimately, on 10.04.2023 an order has been passed by the second respondent, whereby the writ petitioner has been directed to appear before the Regional Medical Board (Psychiatric), Hapur for getting himself examined. The grievance of the writ petitioner is that once he has been certified to be fit, then there is no occasion for the respondents to drag the petitioner for further medically examination, particularly, when it has not been dispute that he has been certified well for the purposes of the joining on the post in question. Further grievance is that just in order to give shelter to the fourth respondent, the entire exercise is being undertaken. Prayer in the present petition is for quashing of the order dated 22.03.2023 and 10.04.2023 passed by the second respondent and a mandamus directing the respondents to allow the writ petitioner to perform the duties on the post of Officiating Principal. Learned Standing Counsel as well as Sri Vinod Kumar Singh, who appears for the third respondent along with Sri Upadhyay and Sri Namit Srivastava for the aforesaid respondents submit that even otherwise from the bare perusal of the averments as well as the documents appended with the writ petition, it is apparently clear that there is no such medical certificate so as to testify that the writ petitioner has been certified to be fit to assume the charge, as attention has been drawn towards page-28 of the paper book, which happens to be a document of the Swaroop Rani Nehru Hospital, Prayagraj, wherein the following has been mentioned:- "Patient is being encouraged to joint duties". It is further contended that from the further perusal of page-29A only a discharge is being shown to be made, but there is no document so as to suggest that the writ petitioner is fit as according to the wife of the petitioner, she has been represented the matter before the third respondent-institution mentioning therein that the petitioner is suffering from Psychiatric problems. According to the learned counsel for the respondents, no prejudice whatsoever has been caused to the writ petitioner, in case he himself is medically examined as per the order dated 10.04.2023 as while getting examined, true and correct facts would surface. Sri Yadav, who appears for the writ petitioner submits that some time be accorded to the petitioner to get himself medically examined, as according to his instructions in pursuance of the order dated 10.04.2023 of the respondent no.2, the writ petitioner shall appear on a specified date. Sri Vinod Kumar Singh, who appears for the third respondent further submits as per the instructions that they have no objection to accord joining to the writ petitioner provided he appears before the District Inspector of Schools, Hapur, who has referred the matter before the Medical Board, and gets himself medically examined and in case, he is certified fit, then he shall be accorded joining. Considering the submission of the rival parties as well as stand taken by them, the writ petition is being disposed off, without seeking any response from the respondents, granting liberty to the writ petitioner to approach the second respondent, District Inspector of Schools, Hapur, while subjecting himself for getting medically examined, pursuant to the letter dated 10.04.2023, whereby matter has been referred to the Medical Board. In case, the petitioner appears before the second respondent, then the second respondent shall do the necessary formalities for getting the petitioner medically examined and thereafter follow up action be taken. The said exercise be conducted and concluded within a period of six weeks from the date of production of the certified copy of the order, subject to cooperation of the writ petitioner. With the aforesaid observation, the writ petition is disposed off. Order Date :- 7.7.2023 N.S.Rathour Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad