- (1.) PERMISSION to file the Special Leave Petitions is granted.
(2.) DELAY condoned. Leave granted. Challenge in this batch of appeals is to a common judgment rendered by a Division Bench of the High Court of Judicature at Allahabad in Special Appeal No. 159 of 2001 and other connected appeals, partly disagreeing with and reversing the view of the learned Single Judge in regard to the selection of Principals of various institutions, by direct recruitment.
(3.) TO comprehend the controversy in these cases, it would suffice to refer to the facts in SLP (C) Nos. 19335-19336 of 2003, which was otherwise treated as the lead case. On 12th August, 1998, 24th December, 1999 and 3rd March, 2002, U. P. Secondary Selection Board (hereinafter referred to as the Board) issued advertisements inviting applications for direct recruitment to the posts of teachers, lecturers and the heads of several Institutions. In these appeals we are concerned with the selection of heads of the Institutions/principals. The advertisements were issued under the U. P. Secondary Education Selection Board Act, 1982 (hereinafter referred to as the Principal Act ). In the advertisement, the vacancies for the post of Principal in respective Institutions were indicated regionwise. The candidates were to be considered regionwise and results were also to be declared regionwise. The candidates were required to give the choice of not more than three institutions in order of preference and if he wanted to be considered for any particular institution or institutions and not for other institutions he could mention this fact in the application. In addition to the candidates applying directly, the Board was also required to consider the names of two senior-most teachers of the Institution concerned. These two senior-most teachers were not required to apply but their names were to be forwarded by the management in accordance with Rule 11 (2) (b) of the U. P. Secondary Education Services Selection Board Rules, 1998 (for short 'the 1998 Rules' ). Nonetheless, they could apply for other Institutions as well.;