- (1.) Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1, 2 and 4, Sri Anup Barnwal, learned counsel for respondent no.5 and Sri Rup Naraiyan Misra, learned counsel for respondent no.6.
(2.) By means of the present writ petition, the petitioner is challenging the order dated 13.10.2016 passed by the Director of Education (Secondary) U.P. Lucknow. It has further been prayed to call for the record and quash entire selection proceedings of the post Principal with a further direction to initiate fresh selection proceedings in accordance with Section 16 (FF) read with Regulation 17 of the Regulation framed under the U.P. Intermediate Education Act, 1921.
(3.) Factual matrix of the case is that Cutting Memorial, Varanasi is an recognized institution under U.P. Intermediate Education Act, 1921. The institution is a minority institution for the purposes of Article 30(1) of the Constitution of India, thus, the provisions of Uttar Pradesh Secondary Education Services Selection Board Act, 1982 is not applicable. The institution is receiving aid from the State Government, therefore, the provisions of U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act , 1971, is applicable to the said institution. Post of Principal in the aforesaid institution came into existence due to retirement of Sri Gilbert Susil Kumar on 30th June 2008.;