Allahabad HC stays DIoS order on appointment of college principal

The Allahabad high court has stayed the order of district inspector of schools (DIoS), Prayagraj, by which the DIoS had directed the committee of management of Shri Sachha Adhyatma Sanskrit Mahavidyalaya, Naini, Prayagraj, to hand over the charge of “officiating principal” of the college to one Kripa Shankar Mishra

The Allahabad high court has stayed the order of district inspector of schools (DIoS), Prayagraj, by which the DIoS had directed the committee of management of Shri Sachha Adhyatma Sanskrit Mahavidyalaya, Naini, Prayagraj, to hand over the charge of “officiating principal” of the college to one Kripa Shankar Mishra.

DIoS, Prayagraj, had issued the order in August this year (HT file)

The court further stayed the order dated August 4, 2021, by which the DIoS had directed the manager of the committee of management of the college to produce all documents relating to suspension of Kripa Shankar Mishra and also the order dated August 6, 2021 by which suspension order of Mishra as “officiating principal” of the college was revoked.

Mishra claims to be the senior most teacher at the said college and hence eligible for the appointment to the post of the principal of the college.

Justice Saral Srivastava passed the order on a petition filed by Srikrishna Tripathi who was appointed the “officiating principal” of the college on June 30, 2021, after the superannuation of earlier principal Shradha Mishra.

Appearing for the petitioner, advocate Tanisha Jahangir Monir argued, “Impugned orders are illegal and without jurisdiction since the ‘DIoS’ Prayagraj has no jurisdiction to revoke the suspension order. Suspension order has been passed by the committee of management in exercise of power conferred under Statute 17.4 & 17.5 of Sampurnanand Sanskrit University Statute and shall remain in force till it is set aside by the competent authority or by a court of law.”

“There is no provision in the Sampurnanand Sanskrit University Statute which confers power upon the ‘DIoS’ to revoke or cancel the suspension order passed by the committee of management,” Monir further argued.

The court, while staying the orders on September 30, directed respondent authorities as well as Kripa Shankar Mishra to file their reply within four weeks and fixed November 29 as the next date of hearing in the case.