M. Katju, J. - (1.) THIS writ petition has been filed against the impugned order dated 19.8.95 (Annexure -7 to the petition).
(2.) I have heard Shri P. S. Baghel, learned Counsel for the Petitioner, Shri Akhileshwar Misra, learned Counsel for the Respondent No. 2, Shri K. S. Shukla, learned Counsel for Basic Shiksha Adhikari and also Shri Pushpendra Singh, the learned Addl. Chief Standing Counsel. The dispute in this case is regarding who is entitled to be the officiating Head Master of Uchcha Prathmik Vidyalaya, Cholapur, district Varanasi which is a Junior High School. The relevant rules are the U.P. Basic Education (Teachers) Services Rules, 1981. R.5 (b)(ii) of the said rules state that the appointment of Head Master is to be done by promotion in accordance with R.18. R.18 states that the recruitment by promotion referred to in R.5 (b) shall be made on the basis of seniority subject to rejection of unfit through a selection committee constituted under R.16.
(3.) ON the facts and circumstances of the case, I direct that the committee referred to in R.16 shall decide as to who is entitled to be the Head Master of the institution and the decision of the committee of management shall be given within six weeks of production of a certified copy of this judgment before the District Basic Education Officer.;