M. Katju and Rakesh Tiwari, JJ. - (1.) Heard Sri Yogesh Agarwal, learned counsel for the petitioner and the learned standing counsel. Sri Alok Sharma has appeared for respondent No. 3 and Sri M. K. Gupta appeared for respondent No. 4.
(2.) The question involved in this case is whether the selection for the post of Principal of a Degree College in U. P. is to be made by the U. P. Higher Education Services Commission or by the University to which the Degree College is affiliated,
(3.) The learned counsel for the petitioner has referred to a decision in S. K. Rathi v. Prem Hari Sharma and Ors. 2000 (4) AWC 2713 (SC) : JT 20OO (8) SC 267 and on the basis of that decision, he has submitted that a Principal cannot be selected by the U. P. Higher Education Service Commission.;