SUDHIR AGARWAL, J. - (1.) THIS writ petition under Article 226 of the Constitution of India is directed against the order dated 10.6.2011, Annexure 14 to the writ petition, passed by the District Inspector of Schools, Saharanpur (hereinafter referred to as 'D.I.O.S.') approving officiating promotion and functioning of Sri Brahmpal Singh, respondent no.5 as Officiating Principal, Kisan Vidya Mandir Inter College, Pansar, Saharanpur (hereinafter referred to as "the College").
(2.) THE factual matrix in brief giving rise to the present dispute is as under: The College is recognized by the Board of High School and Intermediate, U.P. under the provisions of U.P. Intermediate Education Act 1921 (hereinafter referred to as "1921 Act"') and being in grant in aid list, payment of salary of staff of the College is governed by the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (for short "1971 Act"). Recruitment of teaching staff is also governed by U.P. Secondary Education Services Selection Board Act, 1982 (for short "1982 Act"). The post of Principal of the College fell vacant after retirement of Sri Udai Pal Singh on 30.6.2007 who was working on the said post. The petitioner was appointed as Assistant Teacher, L.T. Grade in 1989 and his promotion in Lecturer Grade was approved by Regional Committee by order dated 19.12.2006 which was communicated by the D.I.O.S. by order dated 23.12.2006 pursuant whereto the petitioner is discharging his duty on the post of Lecturer (History) since 23.12.2006. Respondent no.5 was appointed as Assistant Teacher (Physical Training) on 29.1.1991 and pursuant to the Government Order dated 25.10.2000 after completion of ten years service in L.T. Grade he was given pay scale of Lecturer w.e.f. 29.01.2001 and designation of Lecturer by order dated 08.07.2006 issued by D.I.O.S. The committee of management of the college passed a resolution on 23.06.2008 in anticipation of vacancy likely to occur due to retirement of Sri Udai Pal Singh on 30.06.2008 to make officiating arrangement on the post of Principal till regular selection is made by the Commission. In the seniority list one Sri Mukesh Kumar was at serial no. 1 who was Lecturer in Physics but neither he was trained nor had ten years experience of teaching in Intermediate colleges and, therefore, found lacking requisite qualification for the post of Principal. Next is respondent no.5. He has been held to possess requisite qualification and, therefore, proposed for promotion as officiating Principal. Pursuant to the said proposal by letter dated 28.06.2008 out going Principal Udai Pal Singh was requested to hand over charge on the date of retirement to Sri Brahm Pal Singh, respondent no.5. A copy of said proposal was also communicated to D.I.O.S. by management's letter dated 24.06.2008 and the same was approved by D.I.O.S. vide order dated 15.07.2008.
(3.) THE petitioner submitted representations to the management as well as D.I.O.S. contending that respondent no.5 does not possess requisite qualification but having failed therein filed writ petition no. 42423 of 2008 challenging the said order dated 15.7.2008 of D.I.O.S. and 28.6.2008 of the management. During pendency of the above writ petition one Sushil Kumar a candidate selected by the Commission joined the College on 18.1.2010. However, after four months Sri Sushil Kumar was transferred to another College namely, Radhana Inter College and left the college in question on 5.5.2011 causing again a substantive vacancy on the said post.;