Vineet Saran, J. - (1.) Heard Sri A. D. Saunders, learned counsel for the petitioner, as well as learned standing counsel and Sri S. P. Pandey for the respondents.
(2.) By means of this writ petition, the petitioner has prayed for quashing of the order dated 5.6.2002, passed by the District Inspector of Schools, Azamgarh, appointing the respondent No. 2, Girish Chandra Srivastava "Khare" as officiating Principal of the college and also attesting his signatures. A further prayer has been made for a direction to the respondent No. 1, the District Inspector of Schools, Azamgarh, to approve and attest the signature of the candidate recommended by the petitioner, Committee of Management as officiating Principal of the Institution.
(3.) It is the case of the petitioner that Wesley Inter College, Azamgarh, is a Christian Minority Institution run by the petitioner, Committee of Management. In March, 2002, the regular Principal of the college resigned and the petitioner appointed one Pradeep Shepherd as the officiating Principal on 14.5.2002. Admittedly, the respondent No. 2 Girish Chandra Srivastava 'Khare' is the seniormost lecturer of the college and not Pradeep Shepherd. According to the petitioner, since their college has been accorded minority status, they are entitled to protection guaranteed under Article 30 (1) of the Constitution of India. The petitioner contends that the provision of the U. P. Intermediate Education Act, 1921, that the seniormost lecturer is to be appointed as officiating Principal of the college, would not be applicable and they are free to appoint any qualified person of their choice as officiating Principal.;