^^ ^ HIGH COURT OF CHHATTISGARH AT BILASPUR PETmONER RESPONDENTS WRIT PETmON (S^ No. 887. K.L.Sinha S/o Alen Sinha, aged about 61 years, R/o Santoshi Chowk Near Sattu SoiAar House, Kaushalpur, Raipur, Tahsil District Raipur (C.G.) VERSUS 1. State of Ctihattisgarh Through: The Secretary School Education Department, D.K.S. Bhawan, DistrictRaipur(C.G.) 2. Education Board of Jabalpur Diosis C.N.I. (old aame of B.S.E. & T.T.M. P.C.N.T.), Through: Principal Jabalpur (M.P.) 3. Prmcipal & Secretary, St. Paul's Hi^ier Secondary School, Raipur (C.G.) Tlu-ougli: Principal (Chhattisgarh) 4. Mrs. Atiita Bosath, Incharge Priiicipal, St. Paul's Higher Secondary School, Raipiir Tahsil Distt. Raipur(C.G.) 5. District Education Officer, Educatioa Department Raipur(C.G.) PETITION UNDER ARTICLE 226 OF THE CONSTmmON OF INDIA SB: Hon'Ue Shri Satlsh K. Asnihotri, J. Present ShriVineet K. Pandey, Advocate for thepetitioner. Shri Y.S.Tliakur, Deputy Advocate General fortlie State/ RespondentNo. 1 and 5. ORALORDER (Passed on I lul day of Febmary, 2009) 1. Leamed counsel appearing for the petitioner submits that the respondent No. 4 has been posted as Incharge Principal, St. Paul's Hi^ier Secondary School, Raipur, in contravention ofthe circular dated 18.09.2007 (Anaesaire P/9) issued by the Diredor, Public Instructions, Chhattisgarh, wherein it is clearly provided that in case of retirement of fhe Principal, Ihe senior most Lecturer may be appointed as Incharge Principal, except in cases wherein some enquiry inregard to irregularity is pending consideration. Leamed counsel further submits that he is the senior most and no^ enquiry is pending consideration. The petitioner has made a representation on 06.09.2008 (Annexure P/4) to fhe Chairman of the manaaement coinmittee, C.N.I. The same has not vet been considered. '.->!^ ~-'8to:-K5ii"' Ainit ' \\0 2. In view offhe fact tfaat the said representation has not beea considered as on date, the petitioner seeks permission to make a fresh representation before the respondent No.2. Leamed counsel appearing for the other side has no objection. 3. Accordingly, the petitioaer is pennitted to make a representation before the respondent No. 2 in light ofthe circular dated 18.09.2007 (Annexure P/4). Inthe event, a representation is made, tlie same shall be considered ia accordance with law, on its own merits, as early as possible, preferably within a period of six weeks from the date ofreceipt ofthe representation alongwith a copy ofthis order. 4. In view ofthe foregoing, this petition stands disposed of. Sd/- \ SatishK.Agnihotn Judge m