Sudhir Agarwal, J. - (1.) HEARD Sri U.K.Pandey, learned counsel for the petitioner, Sri B.R.Sharma, Advocate for respondent No.7 and learned Standing Counsel appearing for respondents No.1 to 5.
(2.) THE writ petition is directed against the advertisement dated 16.09.2011 published by respondent No.5 and order dated 12.12.2011 passed by Joint Director of Education/Chairman, Azamgarh Region, Azamgarh (Annexure 7 to the writ petition). Learned counsel for the petitioner submitted that Director of Secondary Education has passed an order on 15.9.2011 directing all Joint Director of Education not to declare result of teachers pursuant to selection made under Uttar Pradesh Madhyamik Sanskrit Shiksha Parishad (Sansthaon Ke Pradhano, Adhyapakon Evam Sansthaon Ke Anya Karmachariyon Ki Niyukti Tatha Sewa Sarten) Viniyamawali, 2009. It is said that ignoring the aforesaid direction of Director of Secondary Education, Joint Director of Education, Azamgarh has issued order dated 12.12.2011 declaring the result and recommending the name of respondent No.7 selecting for appointment to the post of Principal of the College in question.
(3.) IT is no doubt true that the petitioner has not been appointed on the post of Principal by the Competent authority in accordance with the Rules and he is substantively appointed Lecturer in the College in question therefore he himself has no right to obstract appointment of selected candidate on the post of Principal. So far as impugned order dated 12.12.2011 passed by Joint Director of Education is concerned, under the Rules, power of selection has been conferred upon the said body and selection has been made. It is also no doubt true that Director of Education under Regulation 15 may, on a complaint received can look into the fairness of selection made as to whether it is vitiated on account of malpractice or otherwise adulterated and if such complaint is correct, can nullify the selection. But this power itself does not mean that no selection in general shall be made by competent statutory body without taking prior approval from the Director. The two powers are different.;