V. M. Sahai, J. - (1.) Heard Sri Kuldeep Saxena, learned counsel for the petitioner and Sri R. P. Dubey and Sri B. N. Mishra, learned counsel appearing for the respondent No. 1 and Sri K. K. Chand learned standing counsel appearing for respondent Nos. 3 to 5.
(2.) The petitioner who claims to be the senior most teacher of R.R. Inter College, Pilakhwa, district Ghaziabad has filed this writ petition for a direction to the respondents for initiating fresh process for appointment on the post of regular principal and to restrain them in the meantime from interfering in the functioning of the petitioner as ad-hoc Principal of the college. The claim of the petitioner is two-fold, one that when earlier vacancy arose in 1990, it was filled by appointing senior most teacher as ad-hoc Principal, who later on became permanent under Section 33A (1A) added to U. P. Secondary Education Services Commission Act, 1982, by U. P. Act No. 26 of 1991 by which sub-section (1A) was inserted in Section 33A with effect from 6.4.1991. Therefore, the petitioner too may be appointed as ad-hoc Principal. The second limb of the argument is that the respondents are insisting for appointing respondent No. 6 who was selected by the Board in 1997, whereas the vacancy arose in the year 2000 only, therefore, a candidate selected earlier could not be appointed to a vacancy occurring later.
(3.) Sri R. P. Dubey, the learned counsel for respondent No. 1 urged that this petition was liable to be dismissed without going into merits, as the petitioner was guilty of concealment of facts. He urged that he has misled the Court and swore false affidavit when he stated on oath that it was the first writ petition before this Court and that he had not filed another petition on same facts for same relief. The learned counsel pointed out that petitioner had filed Mukhbeer Singh v. U. P. Secondary Education Services Selection Board/Commission and others, C.M.W.P. No. 38139 of 1999, challenging the appointment of Kunwar Lokendar Pal, respondent No. 6 who was appointed as regular Principal by the U. P. Secondary Education Services Selection Board/Commission on 15.4.1997. This Court dismissed this petition on 3.8.2000. The Special Appeal No. 496 of 2000 against this order was dismissed by the Division Bench on 29.9.2000. The learned counsel urged that the facts and relief sought in earlier petition and this petition being same, the petition is liable to be dismissed and the petitioner was liable to be prosecuted for swearing false affidavit and misleading this Court.;