Pramod Kumar Jindal v. District Inspector Of Schools, Meerut

R.S Dhavan, J.:— The only purpose of this petition is that it is a pre-emptive exercise to grant a relief for which the day has not come. The occasion, if the contention of the petitioner is correct, to seek relief will be on or after 1st July, 1993. As the assertion of the petitioner is that should the seniormost teacher who has already retired on 5th January, 1993, vacate his office at the end of the 30th June, 1993, it would leave him as one of the seniormost candidates to be considered for the post which will be rendered vacant.

2. Thus, the question of considering or granting the relief sought in the prayer to the effect that the party respondents not interfere with the working of the petitioner if he becomes an ad hoc principal on or after 1st July, 1993, is an issue which cannot be considered today nor the consequential request of making any provision on the payment of salary to the petitioner in case he becomes an ad hoc principal.

3. Regarding the prayer that a direction be issued to the District Inspector of Schools, Meerut to decide the pending representation of Chairman of the Committee of Management dated 28th April, 1993 (Annexure-9 to the writ petition) or of the petitioner of the same date 28th April, 1993 (Annexure-10 to the writ petition), the Court is of the view that in any case the Committee of Management is obliged to consider the matter on who ought to be, in accordance with law, the fittest person to become an ad hoc principal, when the eventuality arises. The record reveals that the representations were filed as recently as last week. Thus, at present, it cannot be said that there is any delay on the part of the District Inspector of Schools in not considering the representations.

4. Beyond this, this Court will not make any observation as admittedly the contingency which the petitioner apprehends has neither happened and at best may happen but it is only an apprehension. On this, the Court cannot issue a writ. Thus, this petition is misconceived. It is dismissed and consigned to the record.

5. At the time when this matter was presented, learned Standing Counsel has also been heard.

6. Dismissed.