AMRESHWAR PRATAP SAHI,J. - (1.) Heard Sri Brij Raj Singh, learned counsel for the appellant and Sri Vipin Saxena for the respondent no. 6. Learned Standing Counsel has been heard for the respondent nos. 3 to 5. The respondent nos. 1 and 2 are the management and Manager, respectively of the Institution were represented before the learned Single Judge and they had filed a counter affidavit to the writ petition but no counsel has appeared in the present appeal on their behalf inspite of notice to them.
(2.) The appeal questions the correctness of the judgment of the learned Single Judge dated 15th November, 2006 in a writ petition filed by the respondent no. 6, seeking to declare the selection proceedings and appointment of the appellant as Assistant Teacher in Sociology in M.R. Sherwani Higher Secondary School, Ganjdundwara, District-Etah to be invalid.
(3.) It is not necessary to delineate the entire facts but suffice it to say that the institution in question is an Intermediate College governed by the U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder, and is admittedly a declared minority Institution aided by the State Government. The facts leading to the dispute are that the post came to be advertised by the management of the Institution, which is a sanctioned post, on 21.06.2001. It is undisputed as per the affidavits exchanged between the parties on record that the appellant as well as the respondent no. 6, both applied for the said post. The respondent no. 6 was not called for interview which took place on 26th July, 2001. According to the case set up by the appellant before the learned Single Judge out of the 35 applicants only 14 had been called for interview, and the reason given is that the other candidates had been short listed on account of deficiency in their eligibility conditions. Thus, it is an admitted fact that the respondent no. 6 along with the other candidates, who were short listed, were not called for interview.;