U.C. Srivastava, J. - (1.) Feeling aggrieved from the selection made by U.P. Secondary Education Commission to the post of Principal Sri Daya Nand Rameshwar Prasad Hans Rani Arya Kanya Intermediate College of opposite party No. 3 who was the next senior teacher in the very same institution in which the Petitioner too was a teacher and earlier Headmistress also and had been officiating as Principal for about 13 years has filed this writ petition. The Petitioner has prayed for quashing of the order dated 11 -7 -85 by the Regional Inspector 's of Schools, Lucknow conveying to the Manager of the institution that opposite party No. 3 has been selected as Principal of the institution and within the time mentioned charge of the said post be given to her. The Petitioner has also prayed for issuance of writ in the nature of mandamus directing the opposite parties to the writ petition not to appoint the opposite party No. 3 as Principal of the institution and also not to interfere in the working of the Petitioner as Principal of the institution.
(2.) The Petitioner was appointed as Headmistress in the same institution on 1 -7 -1961 and at that time it was only a Junior High School. In the year 1962 it was upgraded to the High School and till 1963 when a regular Headmistress was not appointed she acted as Acting Head Mistress which she officiated twice also in the absence of said Head Mistress. In the year 1966 the institution was raised to Intermediate and the Petitioner acted as Principal for four months till a regular Principal was not appointed. In October, 1971 certain disciplinary proceedings were taken against the then Principal and the Petitioner was appointed as Ad -hoc Principal and since then she is continuously in Office. The post of Principal fell vacant in regular manner only in 1984 and the Committee of Management resolved to appoint the Petitioner as Principal on Ad -hoc basis with effects from 1 -7 -1944 she being the senior most lecturer and fully qualified for the said post. The Petitioner was earlier promoted in the lecturer's grade on 1 -7 -1966 while opposite party No. 3 was directly appointed as lecturer in the institution some two months thereafter viz. with effect from 9 -9 -1966.
(3.) After the promulgation of U.P. Secondary Education Services Commission and Selection Board Ordinance which was published in U. P. Gazette dated 10th July 1981 which was repealed and substituted by U.P. Ordinance No. 23 of 1981 promulgated on 27th October 1981 and later as replaced by U.P. Secondary Education Services Commission and Selection Board Act, i982 (U.P. Act No. 5 of 1982) hereinafter known as ' Act ' which was deemed to have come into effect on 14th July 1981, selections to the post of Principal of recognized Secondary Education institution were to be made through the U.P, Secondary Education Services Commission (hereinafter known as Commission). In exercise of the powers conferred Under Sec. 35 of the Act framed Uttar Pradesh Secondary Education Commission Rules 1983 hereinafter known as, ' Rules'. The said Rules were amended vide First Amendment Rules, 1983. These rules provide for qualification of teachers, procedure for recruitment, appointment etc. In exercise of powers conferred Under Sec. 34 of the Act, the Commission with the previous approval of the State Government framed Regulations for holding selection, conducting examination where necessary or for holding interview and laying down the procedure to be followed by the Commission for discharging its duties and performing its functions under the Act. The said Regulations were amended on 18th July 1983 vide U.P. Education Services Commission (Amendment) First Regulation 1983. Again in exercise of powers Under Sec. 34 of the Act with the previous approval of the State Government the Commission made the U.P. Secondary Education Services Commission (Procedure and Conduct of Business) Regulation 1983 hereinafter known as Business Regulations.;