IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF APRIL, TWO THOUSAND NINE PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2697 of 2009 Between: K. Prasada Rao ..... Petitioner AND Andhra Sarvodaya Sangam Regd., Thiruvuru Krishna District, rep., by its President & others. .....Respondents Counsel for the petitioner : Sri Kasa Jaganmohan Reddy Counsel for respondents 2&4: Sri Kouturu Pavan Kumar Counsel for respondents 1&3: AGP for Education This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2697 of 2009 ORDER:- At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a Writ of Mandamus to set aside proceedings dated 24.09.2008, whereby respondent No.2 appointed respondent No.4 as Headmaster temporarily. The sole ground on which this order is questioned is that respondent No.4 is junior to the petitioner by nine years and for no valid reason the petitioner is overlooked for the said post. In the counter-affidavit filed on behalf of respondent Nos.1, 2 and 4, it is inter alia stated that enquiry into certain allegations is pending against the petitioner since the year 2005 and the explanation submitted by him on 26.09.2005 is still the subject matter of the enquiry and that the petitioner’s conduct is not satisfactory to entrust the responsibilities of Headmaster to him. It is further stated that Smt. G. Laxmi, who is the senior most Secondary Grade Teacher, requested the management to temporarily handover her responsibilities of Headmistress to another person in view of her ill-health and that she is willing to resume the responsibilities of Headmaster after she recovers from the illness. At the hearing, Sri Kasa Jaganmohan Reddy, learned counsel for the petitioner reiterated the averments contained in the affidavit filed in support of the writ petition. Learned counsel for respondent Nos.1, 2 and 4 submitted that there is no rule under which the petitioner has got a right to be appointed as in-charge Headmaster merely on account of his being a senior and that since the management is not satisfied with the conduct of the petitioner, respondent No.4 has been kept in-charge temporarily till such time as Smt. G. Laxmi takes back the said assignment. At the hearing, it is admitted by both the learned counsel that there is no permanent post of Headmaster for the primary and upper primary schools and respondent No.1 institution falls under the category of “upper primary school” and that the senior most Secondary Grade Teacher will be kept in-charge of the said post. It is also not in dispute that the petitioner is senior most next to Smt. G. Laxmi and respondent No.4 is junior to him by nine years. Though the management has made allegations against the petitioner, for the reasons not disclosed by it, no enquiry has been held and order passed taking action against the petitioner though the allegations pertain to the year 2005. Even in the absence of a rule, transparency in administration and fair play require that that senior most person is entrusted with the duties of the Headmaster, lest there will be heartburn for seniors to work under the administration of their juniors. Therefore, I do not find any valid reason in the management to overlook the petitioner for the post of Headmaster when the senior most teacher is not willing to continue in the said assignment. The writ petition is therefore disposed of with the direction to respondent Nos.1 and 2 to appoint the petitioner as in-charge Headmaster, if Smt. G. Laxmi, who is the senior most Secondary Grade Teacher, is not willing to take responsibilities as Headmistress within a period of two months from today. As a sequel to disposal of the writ petition, WPMP.No.3464 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 29.04.2009 ES