Pradeep Kumar Singh Baghel, J. - (1.) THE petitioner No. 1 is a Committee of Management of a recognized institution, namely, Kasturba Gandhi Kanya Inter College, Kaushambi. Its manager has joined the petition as petitioner No. 2. The petitioners have sought to challenge the orders passed by the Uttar Pradesh Secondary Education Services Selection Board, Allahabad dated 08th October, 2013, whereby selection of the regular Principal of the institution has been held to be illegal, communication issued by the Secretary of the Board dated 08th November, 2013, by which the Board has directed the District Inspector of Schools not to allow the selected candidate at Serial No. 1, namely, Smt. Vijay Laxmi to take charge as a regular Principal and it directed to appoint the fifth respondent, namely, Smt. Neelam, who was at Serial No. 2 in the merit list, as Principal and the consequential orders issued by the Board and District Inspector of Schools for joining of the fifth respondent.
(2.) A brief reference to the factual aspects would suffice. Kasturba Gandhi Kanya Inter College, Kaushambi is an institution recognized by the Board of High School and Intermediate Education, Uttar Pradesh, Allahabad. The institution is a girls' college wherein the education is imparted up to the level of Intermediate. It receives aid out of the State fund. The institution is governed by the provisions of the Uttar Pradesh Intermediate Education Act, 1921 (U.P. Act No. II of 1921), Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (U.P. Act No. 24 of 1971), and the Uttar Pradesh Secondary Education Services Selection Board Act, 1982 (U.P. Act No. 5 of 1982). The affairs of the institution are managed by the petitioner No. 1 i.e. Committee of Management, which claims that it is duly recognized by the educational authorities.
(3.) THE present dispute arose in respect of the office of the Principal of the institution. On 30th June, 2003 the regular Principal of the institution Smt. Kanti Pandey retired after reaching the age of superannuation. Thereafter one Smt. Vijay Laxmi, who was the senior -most Lecturer in the institution, assumed the officiating charge of the office of the Principal. It is stated that the Committee of Management had already sent a requisition on 31st January, 2003 to the Board for selection of the regular Principal.;