Neutral Citation No. - 2025:AHC-LKO:2953 Court No. - 19 Case :- WRIT - A No. - 378 of 2025 Petitioner :- Gyan Mati Verma Respondent :- State Of U.P. Thru. Prin. Secy./ Addl. Chief Secy. Deptt. Of Secondary Edu., Lko. And 5 Others Counsel for Petitioner :- Lalendra Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner, learned State Counsel for opposite parties no. 1 to 4 and Mr. Zubair Hasan, learned counsel for opposite party no. 6 whose power filed today is taken on record. 2. Petition has been filed challenging order dated 29.11.2024 whereby petitioner's salary on the post of Principal of the college concerned has been stopped. Further prayer for a direction to opposite parties to release petitioner's salary has also been sought. 3. Learned counsel for petitioner submits that opposite party no. 6 was selected through outsourcing for appointment on a Class- IV in the college concerned but since such appointment was not in accordance with reservation policy and the roster, petitioner indicated the same to opposite parties by means of letter dated 16.10.2024 and without adverting to such concerns raised by petitioner, his salary has been stopped by the District Inspector of Schools till such time he permits the opposite party no. 6 to join on the post. 4. It is submitted that there is no provision under law whereby salary payment to petitioner as Principal of the college can be stopped in this manner and therefore the order impugned has been passed without any jurisdiction or authority. 5. Learned counsel for opposite parties has refuted submissions advanced by learned counsel for petitioner with the submission that in terms of amendment incorporated in Regulation 101 of the regulations framed under the Intermediate Education Act, 1921, appointment on Class-IV post in the Intermediate Schools is required to be made through outsourcing and it is in accordance thereof that appointment of opposite party no. 6 has been made but his joining is being resisted by petitioner. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, the factual situation as narrated hereinabove is self-evident. However, it is also evident that petitioner's salary payment has been stopped on the post of Principal of the school concerned till such time he permits joining of opposite party no. 6. The impugned order does not advert at all to concerns raised by petitioner pertaining to appointment of opposite party no. 6 being de hors the reservation policy. The order also does not indicate any provision of law whereunder salary of Principal of an Intermediate School can be stopped by District Inspector of Schools. 7. Considering aforesaid factors, particularly the aspect whether reservation policy would be applicable upon outsourcing and in case so, whether the same has been followed or not in case of appointment of opposite party no. 6 which being an aspect having not been considered by opposite parties as well as no provision being indicated whereunder salary payment of Principal of Inter School can be stopped by District Inspector of Schools, this Court finds the impugned order dated 29.11.2024 to be without jurisdiction and is therefore quashed by issuance of a writ in the nature of certiorari granting liberty to opposite parties to pass fresh orders strictly in accordance with law and pertaining to the aspect of reservation, in case applicable. 8. Consequently the opposite party no. 4 i.e. District Inspector of Schools, Ambedkar Nagar is directed to release arrears of salary of petitioner forthwith and for continued payment of salary of petitioner regularly which would abide fresh orders. 9.Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own cost. Order Date :- 17.1.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench