- (1.) K. Agarwal, J. The petitioner Dr. Narinder Jcet Singh Kamboj had ap plied for the post of Principal in pursuance of the advertisement published by U. P. Madhyamik Siksha Sewa Chayan Board, Allahabad. He had given his choice only for Pant Nagar Injer College, Nainital as would be clear from application form, a copy of which has tyeen filed as Annexure 1 to the writ petition. The U. P. Madhyamik Siksha Sewa Chayan Board, Allahabad vide notification dated 11-1-2000 had declared the panel of successful candidate selected for the post of principal of various Intermediate Colleges of Kumaun Mandal, Nainital. A letter dated 10-3-2000 An nexure 2 to the writ petition has been sent by the Manager of Pant Nagar Inter Col lege to the DIOS Udham Singh Nagar for decision for the post of principal in the said college. The U. P. Madhyamik Siksha Sewa Chayan Board, Allahabad prepared the panel of three names in the following seniority:- (1) Dr. Manoj Kumar (2) Sri Pradeep Kumar (3) Dr. Ashok. Kumar. However, the petitioner's name finds mentioned at serial No. 1 in the panel of the candidates selected for the post of Principal, Arya Inter College, Doghat, Almorah.
(2.) THE grievance of the petitioner is that he had applied only for Pant Nagar Inter College, Pant Nagar, Nainital hence he could not be selected for the post of Principal Arya Inter College, Doghat, Al morah and if he was found to qualify on merit in the list of the panel of select list for the post of Principal of Pant Nagar Inter College, Nainital, his name ought to have been included therein. Learned Counsel for the petitioner, however, submitted that in the event of Dr. Manoj Kumar at serial No. 1 in the panel prepared for Pant Nagar Inter College, Nainital declined to join, he should be given an opportunity to join as Principal of Pant Nagar Inter College, Nainital. Sri R. R Dubey, learned Counsel for the U. P. Madhyamik Siksha Sewa Chayan Board, Allahabad was granted time on 17-4-2000 to obtain instruction as to the quality point marks obtained by the persons in the panel of Pant Nagar Inter College, Nainital -as also that of the petitioner. Sri Dubey on the basis of the instruction received from the Board has Stated before the Court that the quality point marks of Dr. Manoj Kumar is 328. 78 whereas the petitioner has obtained 319. 07 and Sri Pradeep Kumar who has been placed at serial No. 2 has obtained 297. 45 quality point marks. He further submitted that in view of the Rule 12 (8) of the Uttar Pradesh Secondary Education Service Selection Board Rules, 1998, the Panel prepared by the Board calls of no interference. I have heard Sri Y. S. Saxena, learned Counsel for the petitioner, Sri R. P. Dubey who has put in appearance on be half of Board and learned Standing Coun sel who represents Respondent Nos. 2 and 5 on the question of admission of the writ petition. Prima facie the petitioner had made out a case that his name ought to have mentioned at serial No. 2 in the panel Madan Singh v. Madhwa Nand Joshi & Anr. prepared for the post of Principal of Pant Nagar Inter College, Nainital since his quality point marks is more than that of Sri Pradeep Kumar who has been placed at serial No. 2. Rule 12 (8) of the aforesaid Rules provides for giving due regard to the preference given by the candidate while preparing the panel for the post of Prin cipal. The petitioner has only given his preference for Pant Nagar Inter College, Nainital. That being the position the name of the petitioner ought to have been men tioned at serial No. 2 in the panel prepared for the post of Principal of Pant Nagar Inter College, Nainital. Admit. Issue notice. The Respondent Nos. 2 and 5 are represented by learned Standing Counsel, Sri R. P. Dubey has put in ap pearance on behalf of Respondent No. 3. Issue notice to Respondent Nos. 1,4 and 6 by R. P. /a. d. fixing a date in the week commencing 22-7-2000. Steps within two weeks. They may file their counter*af-fidayit within six weeks. Rejoinder-af fidavit, if any, may be filed within two weeks. List in the week commencing 22-7-2000. As an interim measure it is. directed that the U. P. Madhyamik Siksha Sewa. Chayan Board, Allahabad shall include the name of the petitioner at serial No. 2 in the panel list for the post of Principal of Pant Nagar Inter College, Nainital. .;