O.P. Saxena, J. - (1.) By this petition Under Article 226 of the Constitution the Petitioner has prayed for a writ of Certiorari quashing the Order dated 29th Nov., 1985 passed by opposite party No. 1 (Vide annexure -1 to the writ petition) and other consequential relief 's.
(2.) There is Sarvjanik Inter College, Heidegger, district Burbank. The Petitioner and opposite parties 3 and 4 were Teachers in the College. There were three posts in the higher grade of Lecturers. One was to be filled by direct recruitment and two were to be filled by promotion. The Petitioner was selected by direct recruitment. Opposite parties 3 and 4 were promoted. The proposals of the Committee of Management regarding the appointment of the Petitioner and opposite parties 3 and 4 were sent to opposite party No. 1 for approval. On 12th July, 1972 he approved the proposal for appointment of opposite parties 3 and 4 in the Lecturers grade by promotion. On 18th July, 1972 he approved the proposal for appointment of the Petitioner in the Lecturers grade by direct recruitment. A meeting of the Committee of Management was convened on 18th July, 1972 and the Petitioner and opposite parties 3 and 4 were given appointment on the basis of approval by opposite party No. 1. Annexure -RA 5 is a copy of the proceedings of the meeting. AH the three persons joined on 19th July, 1972, Annexure -RA 6 is the copy of the [Bill Book and Acquaintance Roll for the month of July, 1972. The Committee of Management treated the Petitioner as senior most in the Lecturers grade. Opposite party No. 3 preferred an appeal before the District Inspector of Schools. On 29th Nov., 1985 the appeal was allowed and it was held that opposite party No. 3 is senior most, that opposite party No. 4 is next after him and that the Petitioner is junior most of the three persons appointed as Lecturers. The question of appointment of a Principal of this College is also under consideration before the U.P. Higher Education Service Commission. Rule 4 of the U.P. Secondary Education Service Commission Rules, 1983 provides that for the post of the Head of an institution, the Management shall forward the names of two senior most Teachers, copies of their service record (including character rolls) and such other records or particulars as the Commission may require from time to time. As the order passed by the opposite party No. 1 affects the prospects of the Petitioner in the selection for the post of the Principal, he has filed this petition for quashing the impugned order and for a direction for treating him as a senior -most Teacher.
(3.) Sri B.C. Saxena, learned Counsel for the Petitioner, referred to Regulation 3(1) of the Regulations framed under the U.P. Intermediate Education Act, 1921. Regulation 3(1) provides that the Committee of Management of every institution shall cause a seniority list of Teachers to be prepared in accordance with the following provisions: (a) The seniority list shall be prepared separately for each grade of teachers whether permanent or temporary, on any substantive post; (b) Seniority of teachers in a grade shall be determined on the basis of their substantive appointment in that grade, if two or more teachers were so appointed on the same date, seniority shall be determined on the basis of age;;