Sudhir Narain, J. - (1.) The dispute relates as to who should be appointed as ad Aoc/officiating principal in the Institution known as Hindu Inter College, Attarra Banda. The petitioner is admittedly senior to respondent No. 5. The contention of respondent No. 5 was that the petitioner had shown his unwillingness to function as Principal of the institution and once he had expressed his unwillingness, he cannot claim the right to function as a Principal of the Institution. The Deputy Director of Education relying upon certain documents took the view that those documents show that the petitioner had expressed his unwillingness.
(2.) I have heard Sri Ravi Kiran Jain, learned counsel for the petitioner and Sri Ashok Khare learned counsel appearing for the respondent No. 5.
(3.) Sri Jain, contended that the findings recorded by respondent No. 1 is erroneous. The entire conduct of the petitioner shows that he was prepared to function as a Principal. He never intimated to the Management that he will not function as Principal of the Institution and he is fully qualified and eligible to be appointed as a Principal.;