B.D. Agarwal, J. - (1.) Vacancy arose for the post of the Principal in the Adarsh Inter College, Parsauna, district Gorakhpur, due to the retirement of Paras Nath Misra the permanent incumbent of the office with effect from June 30, 1985. On June 22, 1985, the Committee of Management resolved that Misra be required to hand -over charge to the Petitioner in the afternoon of June 30. The charge was accordingly taken over by the Petitioner. The Respondent No. 3 raised objection before the District Inspector of Schools, Gorakhpur, whereupon the Inspector wrote to the management on July 3, 1985, saying that the Respondent being the senior -most he should be given the charge in accordance with the provision contained in para 4(1)(a) of the U.P. Secondary Education Service Commission (Removal of Difficulties) Order 1981 (hereinafter referred to as the 'Order, 1981'). The management protested against this in writing in its letter dated July 8, 1985, addressed to the Inspector pointing to deficiencies in the Respondent No. 3. The Petitioner filed Original Suit No. 1200 of 1985 in the Court of Munsif, Gorakhpur, seeking permanent injunction to restrain the Respondent No. 3 from interference. Ad interim injunction was granted by the trial court on July 15, which, however, has been vacated in Civil Miscellaneous Appeal No. 218 of 1985 on August 1, 1985, at the instance of the Respondent No. 3. Writ Petition No. 12096 of 1985 filed by the management against the order dated July 3, 1985, was dismissed in limine on August 16, 1985. The Manager instituted Original Suit No. 1318 of 1985. In the matter, temporary injunction was granted by the trial court, but this was set aside in Miscellaneous Civil Appeal No. 243 of 1985 on August 23, 1985. A writ petition filed against this order is pending in this Court. Aggrieved against the order dated August 1, 1985, the Petitioner has approached this Court in this petition.
(2.) Affidavits have been exchanged between the parties and with the consent of their counsel the petition is being disposed of finally at the preliminary stage.
(3.) Para 2 (Chapter II) of the Regulation framed under the Intermediate Education Act reads as under: 2(1) The post of the Head of institution shall except as provided in Clause (2) be filled by direct recruitment after reference to the Selection Committee constituted Under Sub -section (1) of Sec. 16F or, as the case may be under Sub -section (1) of Sec. 16FF: Provided that in the case of any institution not being an institution referred to in Sec. 16FF a temporary vacancy caused by the grant of leave to an incumbent for a period not exceeding six months or by death, retirement or suspension of an incumbent occurring during an educational session in the post of the Head of institution shall be filled by the promotion of the senior -most qualified teacher, any, in the highest grade in the institution.;