WPSS No.340/2010 Hon’ble Tarun Agarwala, J. Mr. Ajai Veer Pundir, the learned counsel for the petitioner. Mr. K. C. Tiwari, the learned brief holder for the State. It transpires that the Principal handed over the charge of Principal to one Harendra Nath Rai, namely the petitioner on 16.12.2008 and other members of the faculty gave their consent. On this basis, the petitioner continued to officiate on the post of Principal. By the impugned order, the District Education Officer has directed Mahesh Kumar Dwivedi to take charge as an officiating Principal, in view of the fact that two senior most teachers Pankaj Kumar and Tejeshwar Sharma had refused to accept the post of Principal as on officiating basis. The learned counsel for the petitioner, being aggrieved by this order, has filed the present writ petition contending that Mahesh Kumar Dwivedi had given his consent to the then Principal while giving charge to the petitioner on 16.12.2008 and, therefore, it can impliedly mean that the said Mahesh Kumar Dwivedi had refused to accept the post of Principal on officiating basis. The learned counsel for the petitioner has placed reliance upon the decision of Division Bench of Allahabad High Court dated 7.4.1994 passed in Special Appeal no. 141/1993 Smt. Sudesh Kakkar Vs. The Regional Inspectors of Girls School, Ist Region Meerut. In my view the said judgment is not applicable to the present facts and circumstances of the case. In my opinion, the submission of the learned counsel for the petitioner is bereft of merit. Under the regulations framed under Section 36,37 and 38 of the Uttarakhand School Education Act, 2006 a provision has been made that the senior most teacher will be appointed as an officiating Principal till such time as a regular Principal is not appointed. Admittedly, Mahesh Kumar Dwivedi is senior to the petitioner and there is nothing to indicate either from annexure no.1 or annexure no.2 that Mahesh Kumar Dwivedi had refused to accept the post of Principal as on officiating basis. Consequently, in the light of the regulations that the senior most teacher is appointed on the post of Principal and the petitioner is junior in seniority to Mahesh Kumar Dwivedi, this court does not find any error in the impugned order. The writ petition is dismissed. Dated: 19.5.2010 (Tarun Agarwala, J.) Nishant