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Neutral Citation No. - 2025:AHC:56305 Court No. - 6 Case :- WRIT - A No. - 4834 of 2025 Petitioner :- Sobaran Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nagendra Kumar Counsel for Respondent :- C.S.C.,Hare Ram Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Rakesh Kumar Mishra holding brief of Sri Nagendra Kumar, learned counsel for the petitioner and Sri Hare Ram for respondent nos.2 an3.
2. Petitioner does not want to take charge of Incharge-Head Master of Junior High School and has challenged the impugned order dated 29.3.2025, whereby the District Basic Education Officer, Etawah has directed the petitioner to take charge as Incharge- Headmaster.
3. Learned counsel for the petitioner submitted that petitioner is at Serial No.3 in the seniority list and according to provisions, Senior most teacher Sunita Yadav was offered but she has refused to take such responsibility and said post was not offered to Manjul Kumar, who is at Serial No.2 and instead it was offered to the petitioner.
4. There is not much dispute on the seniority list at this stage.
5. Learned counsel for the respondents submitted that according to provisions, senior most teacher is entitled for appointment as Incharge-Headmaster. However, in case, due to certain circumstances, if he or she is not able to discharge duties as Incharge-Headmaster, a request can be made and concerned B.S.A. has liberty to accept it and appoint other teacher on such post.
However, no reason has been assigned as to why the post of Incharge-Headmaster was not offered to Manjul Kumar a senior teacher to the petitioner.
6. In the aforesaid circumstances, this writ petition is disposed of with a direction that petitioner shall join on the post of Incharge- Headmaster within 72 hours and subsequently he can make a request for reconsideration and if the seniority as referred above is not disputed, concerned B.S.A. will offer the post of Incharge- Headmaster to senior most teacher or the next senior most person.
7. Court is of further opinion that the petitioner should come forward to discharge responsibilities of Incharge-Headmaster which will not only enhance his calibre but the standard of teaching also since it is claimed that he is a good and sincere teacher. Order Date :- 17.4.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad