- (1.) Three petitioners have filed these three writ petitions in their individual capacity for challenging the selections and appointment on the post of Principal in Shankar Anglo Vedic Inter College, Bharthana Etawah on the ground that the person empaneled at Serial No. 2 of the select panel, namely Naresh Chandra was not within the first two senior most teachers entitled to such consideration for the post under Rule 11(2)(b) of U.P. Secondary Education Service Board Rules, 1998, herein after referred to as Rules, 1998. The relevant facts of the case are as follows: (i) Petitioner Anil Yadav was admittedly the senior most teacher in the institution on the relevant date and there is absolutely no dispute before this Court qua the seniority of Anil Yadav. He was also appointed as Officiating Principal after retirement of earlier Principal and has been working as such. (ii) A seniority list as published under order of the Joint Director of Education dated 7.7.2004 wherein Ajab Singh's name finds mention at Serial No. 3. In the said list name of one Smt. Mamta Trivedi was shown at Serial No. 2 while of Anil Yadav at Sl. No. 1. Naresh Chandra was placed at Serial No. 4 in the said list. The order dated 7.7.2004 was challenged by Ajab Singh by means of Writ Petition No. 8217 of 2007 claiming that he was second senior most teacher. An interim order was granted on 15.2.2007 staying the effect of the order of Joint Director of Education determining the seniority dated 7.7.2004 and further that no action shall be taken in pursuance thereof. It is stated that Smt. Mamta Trivedi has since been transferred and therefore, Ajab Singh has become the second senior most teacher in institution. He filed another Writ Petition No. 5909 of 2010 challenging the select panel notified for the institution on the ground that he was not invited to participate in the selection despite, his being second senior most teacher. The Selection Board illegally invited respondent Naresh Chandra and has selected him under misconception that he was the second senior most teacher and was entitled to be so considered without apply under Rule 11(2)(b) of Rules 1998. It is further stated that neither the name of Naresh Chandra nor his character roll was forwarded by the office of District Inspector of Schools to the Selection Board. In the second writ petition no interim order has been granted. (iii) Sri Shailesh Kumar has filed Writ Petition No. 70849 of 2009 seeking a writ of mandamus commanding the Selection Board to cancel the interview which had already taken place on 3.12.2009. The writ petition was presented before this Court on 23.12.2009, no interim order has been granted in the said writ petition. He has filed Second Writ Petition No. 6530 of 2010, challenging the notification of the select panel.
(2.) Sri Anil Yadav has filed Writ Petition No. 12436 of 2010 challenging the select panel as well as the order of District Inspector of Schools directing appointment of the selected candidate namely Naresh Chandra. Sri Anil Yadav had filed an earlier Writ Petition No. 68354 of 2009 for quashing the proceedings of the selections for the post of Principal of the institution and the interview which took place on 30.12.2009 as well as for a mandamus restraining the commission from declaring the result of the selections so held. This writ petition was got dismissed as withdrawn by Anil Yadav on 16.12.2009.
(3.) These writ petitions have been listed together before this Court today. Learned Counsel for the petitioner vehemently prayed for grant of interim order in each of the writ petition filed by them individually.;