R.M. Sahai, J. - (1.) Selection of opposite-party No. 2 as principal of the college is challenged by committee of management because she was not eligible and her merit was poor. Suggestion is made for her appointment in other Degree College.
(2.) U.P.- Higher Education Service Commission was constituted to streamline appointment etc. in degree college. It has framed detailed guideline for screening but candidates if the number of applicants to more than one can be called for interview. It has even laid down the procedure to be observed by members who constitute the Board. Selection in accordance with this procedure cannot be said to be arbitrary. Tendency of Committee of Management to challenge these selections cannot be commanded. It should not align its interest with candidates who had applied. In order, however, to satisfy if the Commission did not follow the procedure or acted arbitrarily learned counsel for commission was directed to produce the record. The academic record of opposite-party was not very good. But she was granted relaxation which entitled her to be called for interview. In granting relaxation the commission acted in accordance with procedure framed by it. Since that is quite fair and reasonable no exception can be taken to it. Once a candidate is called for interview then he or she is at her with others who may be holding high academic qualifications. The Board which consists of six or five members has before it entire record and each members awards marks separately out of fifty marks allotted to each members evaluating merit of a candidate. It the difference between two members of one ground that it expert ground or member group is more than fixed number then normalisation is done. Thereafter marks are totalled which determines merit both the selection and posting. Form the record it transpired that as there was not much difference is the marks allotted by each members to opposite-party the procedure of normalisation had not be to resorted to. And the total marks obtained by her entitled her to be selected. She received more marks than those who are mentioned in paragraph 4 of the writ petition. The commission, therefore did not commit any error in appointing opposite-party as principal of the college.
(3.) In the result Petition fails and is dismissed. There shall be no order as to costs. Interim order is discharged. Petition dismissed.;