SHISHIR KUMAR,J. - (1.) HEARD learned counsel for the petitioner and Shri J.N.Maurya, learned counsel for the respondent Commission as well as learned Standing Counsel. Petitioner will serve respondent Nos. 4 and 5 by registered post. Steps be taken within one week. All the respondents may file counter affidavit within four weeks. Rejoinder affidavit may be filed by the petitioner within two weeks thereafter. List immediately after expiry of the aforesaid period.
(2.) IT has been submitted by learned counsel for the petitioner that there is a requirement under Rule 4 (1) (3) of the U.P. Secondary Education Service Commission Rules, 1983 and the names of two senior most teachers along with the copies of service records, character roll and other relevant record has to be sent before the Board. Reliance has been placed on two judgments of this Court reported in 1984 UPLBEC 914 Kedar Nath Awasthi Vs. Administrator (Nagar Palika) as Manager of Aminabad Intermediate College, Lucknow and others and 1999 (1) UPLBEC 706 Ram Briksh Maurya Vs. Murlidhar Mishra and others. Further it has been stated that according to regulation 8 (6) of the U.P. Secondary Education Services Selection Board (Procedure and Conduct of business) Regulation 1998 provides "that the intimation for interview shall be sent to the candidate 21 days in advance by posts at the address given in the application". As no intimation to that effect was given therefore in view of the Division Bench judgment mentioned above, the petitioners have been prejudiced. Shri J.N.Maurya, learned counsel appearing for the Commission has brought to the notice of the Court that the intimation was sent but from the intimation it appears that it was addressed to the second senior most teacher of the institution. In such situation, it appears prima facie that no intimation was given to the petitioner as such they were not able to appear in the interview.
(3.) IN such circumstances, the petitioner is entitled for interim relief. For a period of two months the Committee of Management and the District Inspector of Schools shall not implement the panel forwarded by the Board for the purposes of appointment on the post of Principal in the petitioner's institution.;