B.D. Agarwal, J.(Concurring) - (1.) DOUBT being raised as to correctness of the views expressed by the respective Division Bench in Ratanpal Singh v. Deputy Director of Education VI Region U.P. Lucknow. 1982 Education Cases 258 and Committee of Management National Inter College Adali Indra, District Azamgarh v. The District Inspector of Schools, Azamgarh, 1883 UP LB EC 198 there is this reference made to larger Bench. The reference was made by a Division Bench under its order dated August 18, 1933, passed in Writ Petition No. 10301 of 1983, Raghunandan Pd. Bhatnagar v. Administrator, Gandhi Viuyalaya Intermediate College, Khekra, District Meerut. The other writ petitions giving rise to common issue are linked with it.
(2.) FACTS relevant for purposes of the reference lie within a narrow compass -the central point for decision being whether despite the enforcement of the U.P. Secondary Education Services Commission and Selection Boards Act, 1982 (U.P. Act 5 of 1982) and the rules framed thereunder, the provisions contained in Section 16 -G(2)(o) of the U.P. Intermediate Education Act, 1921 and Regulations 55 to 62 of Chapter III framed thereunder continue to be operative and effective. Vacancy arose for the post of Principal at the Gandhi Vidyalaya Intermediate College, Khekra, District Meerut, due to the retirement of H.S. Chauhan with effect from June 30, 1983. On attaining the age of superannuation, Raghunandan Prasad Bhatnagar, the Petitioner, is the senior most lecturer in the College and he claims that he was promoted by the Management to officiate in place of the Principal. On June 28, 1983, the Committee of Management resolved to appoint Vikram Singh Dhaka, Respondent No. 3, the Principal at the K.M.R. Inter College, Khampur Lohari, District Meerut, in this institution by transfer. A resolution was also passed by the Management of the K.M.R. Inter College permitting the Respondent No. 3 to proceed on transfer. The District Inspector of Schools also accorded approval to the transfer proposed on July 4, 1983. Respondent No. 3 was relieved on July 5, 1983, and asserts that be joined at the post of the Principal in the Gandhi Vidyalaya Intermediate College, Khekra on July 6, 1983, though, according to the Petitioner, this has not yet come about. The Petitioner has challenged the order whereby the District Inspector of Schools, Meerut, accorded approval on July 4, 1983, to the said transfer. This constitutes the subject matter of Writ Petition No. 10301 of 1983.
(3.) IN Writ Petition No. 7574 of 1983 vacancy arose in the post of Principal at the K.K. Intermediate College, Meerut on account of the retirement of V.S. Rastogi, with effect from June 30, 1983, on attaining the age of superannuation. In anticipation of this vacancy, the Management had resolved on December 26, 1982, to take in the Principal from outside by transfer. There was advertisement male by the Management for this purpose on January 9, 1983. Certain applications were received including from D.P. Rastogi, Respondent No. 6, who had earlier been Principal in the R.S.M. Intermediate College, Dliampur, District Bijnor. On April 11, 1983, the Management of the K.K. Intermediate College, Meerut, resolved to appoint Respondent No. 6 by transfer; a resolution concurring to the transfer was passed by the Management of the R.S.M. Intermediate College on May 21, 1983. Papers were sent to the District Inspector of Schools, Meerut on May 23, 1983 seeking, his approval. The Petitioner had represented against this move on February 13, 1983 and again on April 18, 1983. The District Inspector of Schools had also issued notice on April 30, 1983, to the Management to show cause. The Director of Education, however, wrote to him on June 8, 1983, on the representation made to him by the Respondent No. 6 that the matter might be considered and the approval accorded for this step in accordance with the rules. The District Inspector of Schools gave h »s approval on June 21, 1983, though later on June 29, 1983, he has stayed the operation thereof in view of the [interim order of this Court. The Petitioner has challenged the approval sought from the Inspector in the matter. The Respondent No. 6 has pleaded inter alia that due to his younger brother, residing in village Siana, District Meerut, having lost the eye sight, he had applied on February 2, 1980 to the Management at the R.S.M. Inter College to consider his case for transfer to Meerut jurisdiction and further that he felt impelled to seek his transfer on account of serious ailment of his daughter receiving treatment in the Medical College, Meerut.;