Tarun Agarwala, J. - (1.) It transpires that the post of a Principal fell vacant in Bishop Mondol Inter College, Bareilly, which is a minority institution managed by the Christian community and is also recognised and governed by the provisions of the U.P. Intermediate Education Act, 1921 and the Regulations framed therein. This institution also receives a grant-in-aid from the State Government and consequently the provisions of U.P. Act No. 28 of 1971 are applicable.
(2.) On account of the retirement of Sri R.K. Wilkinson, the post of Principal fell vacant in the institution. It is alleged, that the Committee of Management issued an advertisement inviting applications for appointment on the post of Principal. The petitioner applied for the said post and an interview was held by a duly constituted Selection Committee and a panel of three names was recommended showing Sri Cicil Naveen Kumar Charan at SI. No.1, Sri Jag Mohan Singh at SI. No. 2 and Sri Ajai Kumar Sinha at SI.No.3. For the purpose of this judgment Sri Jag Mohan Singh is hereinafter referred to as the petitioner and Sri Ajai Kumar Sinha is referred as a respondent.
(3.) It is alleged that Cicil Naveen Kumar Charan did not possess the requisite qualifications and, therefore, could not be appointed as a Principal. The petitioner objected and, when no action was taken by the authorities, he filed Writ Petition No. 32011 of 2004, which was disposed of by an order dated 11.8.2004 directing the petitioner to approach the Joint Director of Education who would decide the grievance of the petitioner.;