B.K. Srivastava, J. - (1.) By means of this writ petition, the Petitioner has sought quashing of an Order dated 25.01.1980 passed by the Regional Deputy Director of Education, 9th Circle, Naziabad. In this order, the Regional Deputy Director of Education has indicated that the recommendation made by a Selection Committee for appointment of Principal has to be supported by at least two experts; since this requirement was not fulfilled, the recommendation was not acceptable, he further directed for taking fresh steps in accordance with the Rules.
(2.) The brief facts, relevant for the purposes of disposal of this petition are that the Management of Kalikow Singh Higher Secondary School Mohanganj, District Pratapgarh advertised, in the newspaper on 11.10.1978, for filling up of the post of Principal of the Institution. The Petitioner also applied for the post advertised on 19.09.1978 the Selection Committee interviewed the candidates for selection to the post of Principal, in the meeting of the Selection Committee, in all four members were present, namely, two representing the Management of the Institution and two experts, viz. one Dr. Radhey Shyam Gupta and the other Dr. Red icy Mohan Dwivedi. Under the relevant provisions, the selection is made by awarding quality marks to the candidates by the members of the Selection Committee and the Selection Committee is required to recommend three names in order of preference.
(3.) A Copy of the chart prepared by the Selection Committee as required under the relevant provisions has been filed as Annexure A -l along with the counter affidavit filed on behalf of opposite party No. 2. This chart indicates that in all four candidates were interviewed, namely, Sarvasri Sadhu Misra, Ranjeet Singh, Satya Deo Singh the Petitioner and Girinesh Narain Tiwari ; the other candidates were absent. So far, awarding of quality marks is concerned, Rankest Singh was awarded 131 marks, Satya Deo Singh was awarded 127 marks, Sadhu Misra was awarded 119 marks and Girinesh Narain Tiwari was awarded 80 marks. From a perusal of chart it appears that the two members of the Selection Committee representing the Management had awarded 2 marks each to the Petitioner whereas the two experts had awarded 49 marks each. In the case of Ranjeet Singh, he was awarded 49 and 50 marks by the two members of the Selection Committee representing the Management, whereas the two experts had awarded 9 and 10 marks. There was a difference amongst the members of the Selection Committee, namely the two experts on the one side and the two members representing the Management on the other on the question as to who was to be placed at serial No. 1 in order of preference. The two experts made an endorsement that in their opinion, Satya Deo Singh, namely, the Petitioner was first in order of preference whereas the two members representing the Management disagreed with the experts' opinion and their recommendation, on the basis of marks obtained by the candidates was that Ranjeet Singh was at number one in order of preference.;