- (1.) THIS writ petition and writ petition No. 31561 of 2002 are being disposed off by a common judgment. Heard learned counsel for the parties.
(2.) IN writ No. 14050 of 2003, the petitioner is challenging the validity of the impugned order dated 17 -3 -2003 vide Annexure -19 to the writ petition by which the Secretary, D.A.V. College, Muzaffarnagar (which is a degree college) has asked the respondent No. 3 Dr. M.S. Kasna to resume duty on the post of Principal of the College. In writ No. 31561 of 2002 the petitioner has prayed for a mandamus directing the respondents not to interfere in his functioning as officiating Principal of the aforesaid College till a regularly selected candidate joins the post of Principal. Thus the short controversy involved in this case is whether the petitioner Sri Madan Gopal Mittal or the respondent No. 3 Dr. M.S. Kasna is entitled to function as Principal of D.A.V. College, Muzaffarnagar.
(3.) REGULAR selection to the post of Principal of a degree college is done by the U.P. Higher Education Service Commission under the U.P. Higher Education Service Commission Act. However, it has been held by a Division Bench decision of this Court that till a regular selection is held by the Commission, the senior most teacher in the College is ordinarily entitled to be the officiating Principal vide Dr. Vijay Laxmi Agarwal v. The Vice -Chancellor, Mahatma Jyotiba Phoole Rohil Khand University, Bareilly and others, 2003(1) LBESR 504 (All) : 2003 ALJ 1582. There is no dispute that the petitioner is senior most teacher in the college and he is senior to Dr. M.S. Kasna. However, Dr. Kasna claims that he is the regularly selected candidate having been selected by the U.P. Higher Education Service Commission, and hence he is entitled to function as Principal, as the petitioner could only function till a regularly selected candidate was available.;