SUDHIR AGARWAL, J. - (1.) BOTH these writ petitions involve common question of law and fact and therefore, as agreed by learned counsel for the parties, I proceed to decide the same at this stage under the rules of the Court by this common order.
(2.) IN Writ Petition No.52561 of 2011 (hereinafter referred to as "first writ petition") Sri Y.K.Srivastava, Advocate has appeared for petitioner, respondents No.1 to 4 are represented by learned Standing Counsel and Sri K.P.Shukla and Sri Anurag Shukla, Advocate both appeared for respondent No.5. In Writ Petition No.66795 of 2011 (hereinafter referred to as "second writ petition") Sri K.P.Shukla and Anurag Shukla appeared for petitioner, learned Standing Counsel represents respondents No.1 and 2 and Sri Y.K.Srivastava appeared on behalf of respondent no.3. The only question up for consideration in both these matters "whether Ashok Kumar Bansal, petitioner of second writ petition, can continue to officiate as Principal of Shri Ganesh Inter College, Kasganj, District Kanshiram Nagar (hereinafter referred to as "College")."
(3.) ADMITTEDLY , Ashok Kumar Bansal is second senior most teacher in the College. He has attained the age of superannuation on 1st August, 2011 but entitled to continue till the end of the academic session i.e. 30th June, 2012. The erstwhile Principal of the College on attaining the age of superannuation and at the end of session retired on 30th June, 2011 as a result whereof substantive vacancy on the post of Principal occurred on 1st July, 2011.;