ARUN TANDON, J. - (1.) HEARD Sri S. P. Singh, learned counsel for the petitioners, Sri A. K. Yadav, learned counsel for respondent No. 3 and learned standing counsel for the State-respondents.
(2.) APPOINTMENT of respondent No. 5 as Principal of Janta Intermediate College, Kheda, district Meerut is being challenged by the petitioners on the ground that he was not working as teacher in any recognised institution on the date of interview and therefore, he is ineligible to be selected for the post of Principal. Facts in short as stated by the learned counsel for the petitioners are that respondent No. 5 was appointed as Lecturer on ad hoc basis against a vacancy caused due to grant of promotion to one Ram Bhool Singh as ad hoc Principal of Janta Intermediate College, Kheda, Meerut. Such appointment of respondent No. 5 as Lecturer against short term vacancy was approved by the District Inspector of Schools on 2nd May, 1995. It is stated that Ram Bhool Singh retired as Principal on 30th June, 2009 and therefore, the vacancy on the post of Lecturer became substantive. In view of the Division Bench judgment of this Court in the case of Swendra Kumar Singh v. State of U. P. and others, 2007 (1) ESC 118 (DB), the appointment of respondent No. 5 which was against a short term vacancy has come to automatically end. In the alternative it is contended that the teaching experience of respondent No. 5 against a short term vacancy cannot be taken into consideration satisfying the teaching experience required under Appendix-A of Chapter II of the Regulations framed under the U. P. Intermediate Education Act, 1921 qua the post of Principal of a recognised Intermediate College.
(3.) I have considered the submissions made by the learned counsel for the parties and have examined the records of the present writ petition.;