K.J. Shetty, C.J. - (1.) In this petition under Article 226 of the Constitution the Petitioner has challenged the validity of the selection of Respondent No. 4 for the post of the principal of Baba Barua Das Mahavidyalaya, Paruiya Ashram Faizabad.
(2.) The selection was made by a statutory Commission. The Commission was constituted under the provisions of U.P. Higher Education Services Commission Act, 1980 (shortly called the Act). The Commission consisted of eminent academicians including some experts in certain disciplines. There were in all six posts of principals for being filled up. The Petitioner and Respondent No. 4 were among the candidates for consideration by the Commission.
(3.) The Petitioner possessed minimum qualification prescribed for the post of the Principal, but not Respondent No. 4. The Commission, however, relaxed the minimum qualification of Respondent No. 4, on the ground that he has to his credit very high standard of research work.;