M.Katju, J. - (1.) Heard Sri Ishrat All learned counsel for the petitioner and Dr. R. G. Padia for Dr. (Smt.) Neerja Garg, respondent No. 3.
(2.) A counter-affidavit has been filed on behalf of respondent No. 2, the Committee of Management of S.B.D. Mahila Mahavidyala, Dhampur, district Bijnor through Dr. Awadesh Saxena.
(3.) The short point involved in this case is as to who is entitled to be appointed as officiating principal of the institution till the regular selection is made by the U. P. Higher Education Service Commission. Admittedly the petitioner Dr. Vijay Laxmi Agarwal is senior to Dr. Neerja Garg. Statute 11.20 of the Statutes of the Rohil Khand University states : "11,20. When the office of the Principal of an Affiliated College falls vacant, the Management may appoint any teacher to officiate as Principal for a period of three months or until the appointment of a regular Principal, whichever is earlier. If on or before the expiry of the period of three months, any regular principal is not appointed, or such a principal does not assume office, the senior most teacher in the college , shall officiate as principal of such college until a regular principal is appointed.";