Neutral Citation No. - 2025:AHC-LKO:26263 Court No. - 3 Case :- WRIT - A No. - 4827 of 2025 Petitioner :- Akhilesh Kumar Shukla Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary Education Deptt. Lko. And 4 Others Counsel for Petitioner :- Mahendra Pratap Singh,Ranjit Singh Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Mahendra Pratap Singh, learned counsel for the petitioner, Sri D.C. Pathak, learned Additional Chief Standing Counsel for opposite party nos. 1 to 4 and Sri Abhishek Dwivedi, Advocate who has filed his vakalatnama on behalf of opposite party no. 5, the same is taken on record. By means of this petition, the petitioner has assailed the order dated 08.04.2025 passed by Deputy Director, Education/DIOS, Bahraich, rejecting the approval of the petitioner on the post of Officiating Principal for the reason that the name of senior most teacher has not been forwarded. Learned counsel for the committee of management has stated that since the senior most teacher, namely, Vijay Kumar has declined to serve on the post of Officiating Principal on account of his personal reasons. Therefore, the present petitioner who is next senior most teacher has been sent to the DIOS for approval. Sri D.C. Pathak, learned Additional Chief Standing Counsel has drawn attention of this Court towards Annexure no. 5 showing the proposal of the committee of management, wherein, this fact has not been indicated. Therefore, Sri Pathak has stated that the impugned order being passed by the DIOS is absolutely proper, passed following the procedure of law. On being asked from the Advocate who appeared on behalf of committee of management, confronting him on the letter dated 01.04.2025 (Annexure No. 5), as to why, the very fact that the senior most teacher Vijay Kumar has declined to hold the charge of Officiating Principal has not been indicated in the recommendation letter, he could not explain the aforesaid properly. Therefore, without entering into the merits of the issue and without interfering the impugned order dated 8th April 2025 passed by the DIOS (Annexure No. 1), I hereby dispose of this petition finally at the admission stage giving liberty to the committee of management to send a fresh proposal to the DIOS if it is so needed and if the senior most teacher is not willing to hold the charge of Officiating Principal and on such proposal, the DIOS may pass appropriate order, strictly in accordance with law and if need be, the opportunity of hearing may be extended to the parties concerned. The writ petition is accordingly disposed of. It is also observed that the post of the Principal/Officiating Principal should not remain unfilled for the reason that some administrative work/duties are discharged by the Principal/Officiating principal and presently no Principal/Officiating principal is discharging his duties in the institution in question. Therefore, on the proposal of the committee of management, if any prompt decision would be taken by the DIOS, preferably within a period of three weeks from the receipt of such proposal of committee of management. Order Date :- 6.5.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench