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Neutral Citation No. - 2025:AHC:61508 Court No. - 7 Case :- WRIT - A No. - 5209 of 2025 Petitioner :- Vasudev Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yogesh Kumar Saxena Counsel for Respondent :- C.S.C.,Prabhat Kumar Singh Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the petitioner, learned counsel for respondent no.3 and learned Standing Counsel for the State.
2. The writ petition is filed with the following prayer:
"A. Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 26.03.2025 (Annexure No.1 to the writ petition) passed by the respondent No.2-District Inspector of Schools. B. Issue a writ, order or direction in the nature of Mandamus directing the respondents not to interfere in the peaceful working of the petitioner as officiating principal of the institution."
3. It is submitted by learned counsel for petitioner that petitioner is working on the post of adhoc Principal in the institution in question. Earlier the petitioner was placed under suspension and the approval order for suspension was set aside by this Court by
order dated 18.12.2024 passed in Writ-A No.19687 of 2024 (Vasudev Tiwari Principal Sri Malviya Inter College Vs. State of U.P. and 4 others). Learned counsel for petitioner further submits that in the aforesaid order dated 18.12.2024 matter was remanded back to District Inspector of Schools, Kanpur Dehat to accord fresh consideration with regard to approval of suspension of petitioner. Learned counsel for petitioner submits that by means of present impugned order, petitioner has been reverted back to original post of Teacher. Learned counsel for petitioner submits that no power exists with the District Inspector of Schools to pass
order of reversion while considering approval of suspension of petitioner. The order is wholly without jurisdiction.
4. Learned Standing Counsel and learned counsel for respondent no.3 could not dispute the aforesaid proposition of law and submit that District Inspector of Schools ought to have approved suspension or disapproved the same, however, reversion order
could not have been passed without decision of the Committee of Management.
5. Since parties agree that the District Inspector of Schools, Kanpur Dehat could not have passed order of reversion and ought to have considered approval or disapproval order of suspension of petitioner, the impugned order dated 26.03.2025 passed by respondent no.2-District Inspector of Schools, Kanpur Dehat is set aside. The District Inspector of Schools, Kanpur Dehat is directed to accord consideration of approval/disapproval of suspension of petitioner within a period of one month from the date of production of certified copy of this order. Further, this Court put to notice the District Inspector of Schools, Kanpur Dehat not to pass any order, which are not within his jurisdiction otherwise serious action would be taken.
6. In view of setting aside of the impugned order, the position as existing in pursuant to the judgment of this Court dated 18.12.2024 passed in Writ-A No.19687 of 2024 (Vasudev Tiwari Principal Sri Malviya Inter College Vs. State of U.P. and 4 others) shall continue, till decision made by the District Inspector of Schools.
7. Learned Standing Counsel is directed to communicate the present order to the District Inspector Schools, Kanpur Dehat for compliance.
8. Accordingly, the writ petition is allowed.
Order Date :- 23.4.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad