Syed Shah Mohammed Qua-Dri, J. - (1.) Leave to file appeal is granted in all the petitions for special leave.
(2.) The common judgment and order of a Division Bench of the High Court of Judicature at Allahabad in a batch of writ petitions and special appeals delivered on October 6, 1998 is under challenge. The unsuccessful writ petitioners are the appellants in these appeals. The controversy in the writ petitions as also in these appeals relates to the selection and appointment of Principals/Headmasters of various recognised private aided intermediate colleges and secondary schools in Uttar Pradesh and other allied matters.
(3.) The conclusions reached by the Division Bench of the High Court, in the impugned judgment, may be summarised as follows: (1) the constitutional validity of Ss. 9, 10 and 11 of the U.P. Secondary Education Services Commission and Selection Boards Act, 1982 (for short 'U.P. Act No. 5 of 1982') as amended by U.P. Act No. 15 of 1995 and also Rule 12 of the U.P. Secondary Education Services Commission (Amendment) Rules, 1995 (for short 'the 1995 Rules') was upheld; (2) the selection of candidates by the U.P. Secondary Education Services Commission (for short 'the Commission') and the notifications issued on August 3, 1996 and August 30, 1996 were found to be valid; (3) the panel of selected candidates prepared on April 15, 1997 was held not vitiated by the notification issued by the Government of U.P. on April 17, 1997 and it was directed that the same should be implemented by the educational authorities in accordance with law; and (4) it was left open to the Director of Education, and if so ordered by him, to the Deputy Director of Education to inquire into the requisite qualifications of the selected candidates; if it is found that the requisite qualifications for the post of Principal/Headmaster were not possessed by any of the selected candidates, the Director of Education/Deputy Director of Education shall, after giving him reasonable opportunity of being heard, determine the question and thereafter refer it to the Board which was directed to reconsider his selection after giving due opportunity to the candidate and for that limited purpose the matter should be deemed to be pending before the Board under the provisions of sub-section (6) of S. 3 of the U.P. Intermediate Education Act, 1921 (for short, 'the Act') as amended by the U.P. Act No. 25 of 1998. ;