Tarun Chatterjee, C.J. - (1.) This Special Appeal is directed against the judgment and order dated 30.7.1999, passed by a learned Judge of this Court in Civil Misc. Writ Petition No. 33807 of 1994.
(2.) Briefly stated, the facts of this special appeal are that Nanak Chand Adarsh Inter College, Chandausi, Moradabad (hereinafter referred to as "the institution") is a recognized institution, where education is imparted up to the level of Intermediate. The institution receives grant-in-aid from the State Government. Thus, the provisions of U.P. Intermediate Education Act, 1921, U.P. Secondary Education (Services and Selection Board) Act, 1982 and U.P. High Schools Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971, would be applicable to this institution. On attaining the age of superannuation by the Principal of this institution, a substantive vacancy in the post of Principal arose which was duly intimated to the U.P. Secondary Education Services Commission (hereinafter referred to as "the Commission"). The Commission advertised the said post. After holding selection, the Commission recommended the name of one Satya Pal Singh, who is respondent No. 2, in this appeal at Serial No. 1 and name of Rajendra Pal Gupta, writ petitioner-respondent No. 3 (in this appeal), at Serial No. 2. The selected candidate Satya Pal Singh joined his duty as Principal of the institution on 7th December, 1988 and continued to function as such till 30th June, 1989. From 1st July, 1989 up to 23rd of January, 1994, Satya Pal Singh did not join the institution and on that day by a resolution, the Committee of Management, terminated the services of Satya Pal Singh and papers relating to his termination were forwarded to the District Inspector of Schools on 14th February, 1994. After the termination of the Services of Satya Pal Singh, the writ application was filed by Rajendra Pal Gupta, who is respondent No. 3, in this appeal for a direction upon the appellants to issue appointment order in his favour allowing him to join as Principal of the institution and for other incidental reliefs.
(3.) This writ application was disposed of by the learned Judge of this Court by holding that since, the vacancy of Principal arose within a period of one year, the second person in the panel, namely Rajendra Pal Gupta, would be entitled to be appointed by the appellant Committee of Management.;