N.K. Mehrotra, J. - (1.) By means of this writ petition, the petitioner has challenged the result of the selection for the post of Principal in Shri Bhagwati Vidyalaya Inter College, Morar Mau, Raibareli which was held in pursuance of the Advertisement No. 1/2002 and the criteria under Rule 12 of the U. P. Secondary Education Service Selection Board Rules, 1998 (hereinafter referred to as the Rules) by which the extra weightage to the candidates having Ph.D. qualification is given.
(2.) The petitioner has also sought the relief by way of a writ of certiorari quashing the result of the interview held on 7.5.2003 (Annexure-6) and the letter of the District Inspector of Schools, Raibareli which conveyed the selected panel for the post of Principal of the College (Annexure-5). Further the petitioner has prayed for issuing a writ of mandamus directing the opposite party Nos. 1 and 2 to treat the petitioner as the Principal of the college and to pay him regular salary.
(3.) According to the petitioner the post of the Principal of the college fell vacant on 30.6.2000 due to superannuation of the then regular Principal Shri Sahdeo Prasad Trivedi. At that time one Hanumant Prasad Srivastava was a senior most lecturer in the college and he assumed the charge as Principal of the college w.e.f. July, 2000 and continued to officiate up to June, 2003 and retired on 30.6.2003. The petitioner was senior most lecturer having qualification of M.Sc. Physics. On the superannuation of Hanumant Prasad Srivastava, petitioner assumed the charge as officiating Principal w.e.f. 1.7.2003 and at present he is officiating as Principal of the college. Consequent upon the retirement of Shri Sahdeo Prasad Trivedi, vacancy of the post of the Principal was advertised in the year 2000 vide Advertisement No. 1/2000 by the U.P. Secondary Education Service Selection Board. The D.I.O.S. sent the names of two senior most lecturers, namely, Hanumant Prasad Srivastava and the petitioner to the Selection Board. Both appeared for interview of 28.11.2001 before the Selection Board. The result was not declared. Since there were various vacancies on the posts of the Principal in various colleges, the Selection Board advertised the vacancies of the posts of Principals of various colleges including the petitioner's college vide Advertisement No. 1/2002, dated 2.3.2002. According to the petitioner, the re-advertisement of the vacancy of the post of the Principal in the petitioner's college without declaring the earlier result of the selection was illegal and arbitrary. The petitioner being senior most again appeared before the Selection Board on 7.5.2003. Several other persons were also interviewed along with the petitioner. The D.I.O.S., Raibareli vide his letter dated 4.8.2003 conveyed the panel of the selected candidates vide Annexure-5 containing the names of the opposite party Nos. 4, 5 and 6. The result declared by the Selection Board dated 11.7.2003 is Annexure-6.;