M.Katju, D.R.Chaudhary, JJ. - (1.) Heard learned counsel for the parties.
(2.) The controversy in this case is as to who is entitled to officiate as Principal of Sanatan Dharm (P.G.) College, Muzaffarnagar, which is affiliated to Chaudhary Charan Singh University, Meerut.
(3.) In our opinion, the decision of the Full Bench of this Court in Radha Raizada and others v. Committee of Management, Vidyawati Darbari Girls Inter College and others, 1994 (3) UPLBEC 1551. is also applicable to Degree Colleges although that decision was given in respect of an Intermediate College. In our opinion, the Principle in Radha Raizada's case, should apply also to Degree Colleges because it is a fair and reasonable principle and hence ordinarily, the senlormost teacher should be made officiating Principal till regular selection. This is also provided for in Statute 13.20 of the Statutes of the Meerut University. However, in exceptional circumstances where it would not be in the Interest of the Institution to appoint the senior most teacher he can be superseded, and the next in seniority should be appointed (unless he too is unfit, in which case the next after him in seniority should be appointed).;