- (1.) With the consent of the learned Counsel for the parties-Sri R.K. Ojha for the petitioner, learned Standing Counsel for respondent No. 1 and Sri A.K. Yadav on behalf of respondent No. 2, this matter is being formally disposed of at this stage itself under the Rules of the Court, since a pure question of law has been raised.
(2.) The post of principal of Gopal Vidyalaya Inter College, Koraon, Allahabad, was requisitioned to the commission under Rule 11 of the U.P. Secondary Education Service Selection Board Rules, 1998 (for short, 1998 Rules) pursuant thereto an advertisement was published in 2008. At the time when the requisition was made and also when advertisement was published, Sri Shatru Badhan Singh was at SI. No. 1 being the senior-most teacher, Sri Gunraj Singh was at Sl. No. 2 and the petitioner was at Sl. No. 3.
(3.) The selection process for the said post of principal took place in January, 2010 and call letters for interview were issued on 16.12.2009. In the meantime, Sri Shatru Badhan Singh retired, his date of birth being 1.10.1947, after attaining the age of superannuation, i.e., 62 years, but he continued to serve the institution till the end of the session, i.e., 30th June, 2010, in view of Regulation 21 of Chapter III of the Regulations framed under U.P. Intermediate Education Act, 1921. Learned Counsel for the petitioner submits that since the interview are going to be held in January, 2010, and Sri Shatru Badhan Singh has already retired, he (the petitioner) has become the second senior-most teacher in the institution and therefore, he should be called for interview. His submission is that two senior-most teachers in the institution for the purpose of selection on the post off principal should be seen on the date when the interview is going to be held and not at an earlier point of time. He places reliance on Rule 12(6) of 1998 of the Rules.;