R.K.Agrawal, J. - (1.) By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, Surendra Nath Singh, seeks a writ, order or direction in the nature of certiorari quashing the selection dated 3rd August, 1996, made by the U. P. Secondary Education Services Commission, Allahabad, respondent No. 1, filed as Annexure-11 to the writ petition insofar as it relates to the post of the Principal of Krishak Inter College, Thana Gaddi, district Jaunpur and other consequential reliefs.
(2.) Briefly stated, the facts giving rise to the present writ petition are as follows : "In the district of Jaunpur, there is an Intermediate College in the name of Krishak Inter College (hereinafter referred to as "the College") situate at Thana Gaddi. It is a recognised institution and receives grant-in-aid from the State Government. It is governed by the provisions of the U. P. Intermediate Education Act, 1921 and the regulations framed thereunder as also the U. P. Secondary Education Services Selection Board Act, 1982 and the Rules framed thereunder. A post of the Principal in the college substantively fell vacant on 30th June, 1994, on account of retirement of Sri Nityanand Singh, the then Principal, The petitioner was appointed as officiating/ad hoc Principal of the college by the Committee of Management vide resolution dated 29th June, 1994 and his signature was attested by the District Inspector of Schools vide order dated 13th July, 1994, which has been the subject matter of challenge in Civil Misc. Writ Petition No. 14984 of 1994, filed by Raj Pal Singh. The Committee of Management notified the vacancy to the Commission through the District Inspector of Schools in July, 1994, for making regular selection on the post of the Principal. When no selection was made within 60 days, the Committee of Management, vide resolution dated 3rd September, 1994, appointed the petitioner as ad hoc Principal. The District Inspector of Schools, vide order dated 2nd March, 1995, granted approval to the ad hoc appointment of the petitioner on the post of the Principal. In the college, the petitioner and Raj Pal Singh, respondent No. 5, were the two seniormost Lecturers. The Committee of Management had sent the names of both these persons to the Commission for calling them at the time of interview. The vacancy was advertised by the Commission in the year 1995. The respondent No. 1 fixed 26th June. 1996, for selection/interview for the post of the Principal in the college. The Commission had sent notice to the two seniormost teachers calling them to appear for interview on the date fixed, i.e., 26th June, 1996. According to the petitioner, he did not receive any notice and, therefore, could not appear for the interview. The Commission proceeded to hold the interview and recommended Raj Pal Singh, respondent No. 5, on the post of the Principal, his name having been placed at serial No. 1 in the panel."
(3.) I have heard Sri D. S. M. Tripathi, the learned counsel for the petitioner, and Sri B. P. Singh, learned counsel, assisted by Sri Umesh Vats, on behalf of the respondent No. 5.;