- (1.) The controversy with regard to the required qualifications being possessed by the present petitioner qua the post of Principal in Rashtriya Intermediate College, Sherpur, Mirzapur which is recognised and aided Intermediate College travelled upto this Court in Civil Misc. Writ Petition No. 67054 of 2009 filed by Shri Bhagwat who is respondent No. 7 in the present writ petition. It may be recorded that the present petitioner was selected for the post of Principal by the U.P. Secondary Education Services Selection Board in response to Advertisement No. 1/2002. Shri Bhagwat, respondent No. 7 contended that the petitioner did not have the requisite teaching experience as required for the post of Principal of Intermediate College under Appendix 'A' of Chapter II of the Regulations framed under the Intermediate Education Act as also that provided under the Advertisement No. 1/2002.
(2.) The teaching experience required under Advertisement No. 1/2002 was subject-matter of consideration before the Apex Court in the case of Balbir Kaur and another v. U.P. Secondary Education Services Selection Board, Allahabad and others, 2008 12 SCC 1, wherein it has been held as follows: As noted herein before, the "Note to sub-rule (5) of Rule 12 of the 1998 Rules prescribed the requirement of experience for the post, which is different from what is prescribed in the said Appendix A and, therefore, there. being a conflict between the two provisions, in the teeth of section 32, the said "Note" shall have an overriding effect over Appendix A insofar as the question of experience is cornered, in this view of the matter, we are in. agreement with the learned Single Judge that the impugned advertisements were in conformity with the said "Note" and, therefore, the selection procedure could riot be faulted on that score.
(3.) It is in this background that the present petition is to be adjudicated.;