M. P. Singh, J. - (1.) THE short question that arises for consideration in this petition is whether the vacancy for the post of Principal is to be filled in by promotion or by direct recruitment.
(2.) DURGA Narain College Evam Aditya Kumar School, is a recognised and aided institution. It is governed by the provisions of U. P. Intermediate Education Act, 1921 and U. P. Secondary Education Service Commission and Regional Selection Board Act, 1982. In the instant case, the controversy prior to 1988 is not at all relevant. On 26-8-1988 an advertisement was issued by the Management in the newspaper 'Swatantra Bharat' inviting applications for ad hoc appointment to the post of Principal by direct recruitment. It was also made clear that the aforesaid ad hoc appointment would continue till regular selection by the Secondary Education Service Commission is made.
(3.) THE petitioners made representation before the District Inspector of 1 Schools as well as before the Deputy Director of Education against the said illegal proceedings for making appointment of Principal by direct recruitment. However, nothing was done. The Committee of Management in pursuance of the advertisement aforesaid passed a resolution on 17-9-1988 appointing respondent no. 4 on the post of Principal on ad hoc basis under section 18 of the Act. The papers were sent to the District Inspector of Schools for approval. The management under coercion obtained "no objection" certificate from four senior most teachers of the college including petitioner nos. 2 and 3 certifying that they have no objection to the appointment of respondent no. 4 as Principal of the College. However, subsequently the said "no objection" certificate was withdrawn by the petitioners.;