- (1.) Brief background of the case is that in the district of Kaushambi there is girls institution in the name and style of Kasturba Gandhi Kanya Inter College, Kaushambi recognized by Board of High School and Intermediate Education U.P. Allahabad. Affairs of said institution are required to be governed under the provision of U.P. Act No. II of 1921. Salary of teaching and non -teaching staff of the institution is paid from State exchequer, and the provision of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 are fully applicable to the said institution. Selection and appointment on the post of Principal, Lecturers and L.T. Grade teachers is to be made strictly in consonance with the U.P. Secondary Education Service Selection Board Act, 1982 and the Rules framed thereunder known as U.P. Secondary Education Service Selection Board Rules, 1998. In the said institution one Smt. Kanti Pandey had been performing and discharging duties as Principal and she attained her age of superannuation on 30.06.2003 and on attaining her age of superannuation, one Smt. Vijay Laxmi who was senior most lecturer in the institution has been given charge of Officiating Principal of the institution. Prior to it, as vacancy in question has fallen vacant on substantive basis, the Committee of Management sent requisition for filling the said post on 31.01.2003 to the U.P. Secondary Education Services Selection Board, Allahabad for making selection for the post of regular Principal.
(2.) U.P. Secondary Education Services Selection Board in its turn advertised the said post vide Advertisement No. 2 of 2008 and in the said selection Smt. Vijay Laxmi, who has been holding the officiating charge of Principal was called for facing interview for being appointed as regular Principal. Smt. Vijay Laxmi's, date of birth is 30th September, 1948, accordingly she reached her age of superannuation on 30.09.2010 and as her date of birth fell in the mid of academic session, she has been permitted to continue till the end of academic session ie. 30.06.2011 as per Regulation 21 of Chapter III of U.P Act No. II of 1921 that provides, if date of birth of a Principal/Headmaster or teacher falls during the academic session i.e. between 2nd July to 30 June, extension of service shall be extended 30th June and in the background of statutory provision, she has been allowed to continue till 30.06.2011 and prior to it her name has been sent to the State Government for extension of service for two years on account of she being National Awardee. The State Government in its turn accepted the proposal for extension of two years service w.e.f. 01.07.2011 to 30.06.2013. The U.P. Secondary Education Services Selection Board notified the panel for the post of Principal wherein name of Smt. Vijay Laxmi was placed at serial No. 1 and Smt. Neelam was placed at serial No. 2.
(3.) Recommendation made in favour of Smt. Vijay Laxmi, serial No. 1 for being appointed as Principal has been challenged by Smt. Neelam by means of Civil Misc. Writ Petition No. 73001 of 2011 (Smt. Neelam v/s. State of U.P. and others) on the premises that on the date of interview i.e. 16.03.2011 Smt. Vijay Laxmi stood retired and she has been allowed to continue till the end of academic session, and as such she could not have been permitted to face the interview and could not have been empanelled.;