- (1.) Petitioner has approached this Court questioning the validity of the notification dated 24.01.2009 notified by U.P. Secondary Education Services Selection Board, Allahabad, Respondent No. 2 to the extent of empanelment of Mangal Mani Tripathi, at serial No. 1 for being appointed as Principal of Krishak Inter College Bishunpur Kala Deoria.
(2.) Brief background of the case is that U.P. Secondary Education Services Selection Board, Allahabad advertised the post of Principal of Krishak Inter College Bishunpur Kala Deoria through Advertisement No. 1 of 2002. Pursuant to aforesaid advertisement Petitioner as well as Respondent No. 6 Mangal Mani Tripathi both applied for consideration of their candidature for being appointed as Principal of Krishak Inter College Bishunpur Kala Deoria. Said selection was not at all finalized on account of litigation having commenced before this Court with regard to the validity of the advertisement and the selection proceedings pursuance thereto and ultimately matter has been finalized by Hon'ble Apex Court in the case of Balbir Kaur v. U.P. Secondary Education Service Selection Board, 2008 3 UPLBEC 2376, decided on 16.05.2008. After the judgment has been delivered by Hon'ble Apex Court in the case of Balbir Kaur (supra) on 16.05.2008, then on 04.11.2008 result has been notified pursuant to advertisement No. 1 of 2002 and U.P. Secondary Education Services Selection Board, Allahabad notified the panel on 24.01.2009 for the post of Principal, Krishak Inter College Bishunpur, Kala Deoria and therein Magal Mani Tripathi has been placed at serial No. 1. Petitioner has been placed at serial No. 2. Petitioner after notification of the panel discovered that Mangal Manti Tripathi has obtained appointment on the post of Principal by misrepresenting and defrauding upon the Board as his initial promotion as Lecturer in Hindi itself was null and void. Petitioner has proceeded to mention that Magal Mani Tripathi was appointed as Assistant Teacher in L.T. Grade in the year 1975, 2/3rd of C.T. Grade as he was untrained at that time as he was possessing merely B. Sc. Mathematics degree to his credit and in the year 1977 he has done his B. Ed as regular candidate and Mangal Mani Tripathi since then has been accorded L.T. Grade. Petitioner has stated that during his continuance in service he pursued his Master's degree in Hindi and Petitioner has further proceeded to mention that Mangal Mani Tripathi in spite of fact that he was not qualified to be appointed as Lecturer in Hindi succeeded in getting promotion as Lecturer on 30.08.1995, as such his continuance and functioning as Lecturer in Hindi is nullity and based on said appointment/experience by no stretch of imagination he could be offered appointment as Principal of the institution. With this prayer Petitioner has approached this Court for quashing of the panel dated 24.01.2009 to the extent of Mangal Mani Tripathi, Respondent No. 6 as Principal of the institution.
(3.) Counter affidavit has been filed by the Standing counsel and therein it has been stated that initial appointment of Respondent No. 6 was made at Sri Krishak Inter College, Barhaj, Deoria on 01.11.1975 as L.T. Grade teacher on the basis of his B. Sc. degree and thereafter he has passed his B. Ed. examination in the year 1977 and Respondent No. 6 passed his Master Degree with Hindi in the year 1991 and on 30.08.1995 he was promoted as Lecturer in Hindi and was given promotional pay scale of L.T. Grade also. Promotion of Respondent No. 6 was approved on 19.01.1996 while he was passed his M.A. examination in the year 1991.;