RAJES KUMAR, J. - (1.) BY means of present writ petition, petitioner is seeking the following reliefs: (a) to issue a writ, order or direction in the nature of certiorari quashing the orders dated 27, 6.2008 passed by the District Inspector of Schools, Mainpuri and 16-6-2008 passed by the committee of management of the institution/Chairman Zila Panchayat, Mainpuri (Annexure-14 and 13 respec­tively to the writ petition). (b) to issue a writ, order or direction in the nature of mandamus com­manding the respondents not to interfere in the functioning of the petitioner as adhoc principal of Chaudhari Suraj Singh Zila Panchayat Inter College, Jagir, District Mainpuri. (c) to issue any suitable order or direction as this Hon'ble Court may deem fit and proper under the circumstances of the case. (d) to award cost of the petition in favour of the petitioner.
(2.) BRIEF facts giving rise to the present writ petition are as follows: Petitioner is the Lecturer in Chaudhary Suraj Singh Zila Panchayat Inter Col­lege, Jagir, Mainpuri (hereinafter referred to as "Institution") recognised under the provisions of U.P. Intermediate Education Act, 1921. The Institution is managed by Zila Panchayat, Mainpuri. The Chairman of Zila Parishad, Mainpuri is the Man­ager of the committee of management. The Institution receives grant-in-aid from the State Government and the provisions of U.P. High Schools and Intermediate Colleges (Payment of Salary of Teachers and other Employees) Act, 1971 are applicable to it. Petitioner was initially appointed as Lecturer in' Civics and Geog­raphy in a substantive vacancy on 19.7.1978. He joined the Institution on 22.7.1978 and after completion of probation period of one year, petitioner was confirmed as Lecturer. There are two Institutions in district Mainpuri, namely, Chaudhary Suraj Singh Zila Panchayat Inter College, Jagir, Mainpuri and Sri Rajendra Singh Zila Panchayat Uchchtar Madhyamik Vidyalaya, Nava Teda, Mainpuri. A combined seniority list of the head of the institution and another combined seniority list of teachers in accordance to Regulation 3-Aof Chapter-ll of U.P. Intermediate Edu­cation Act, 1921 were prepared. Petitioner claims to be senior most Lecturer in the seniority list of the Lecturers of the two institutions and legally entitled to function as adhoc Principal of the institution, after the retirement of the perma­nent Principal on 21.8.1996. It appears that a dispute arose relating to the senior­ity of the petitioner vis-a-vis, Kunwar Pal Singh. In compliance of the order dated 18.4.2001 passed by this Court in Writ Petition No. 10996 of 2001, Kunwar Pal Singh v. Director of Education (Secondary) and others, petitioner is held to be senior to Kunwar Pal Singh. Being senior most Lecturer in the institution, signa­ture of the petitioner as adhoc Principal has also been attested by District In­spector of Schools vide order dated 15.1.2003.
(3.) THE vacancy for the post of Principal were advertised by U.P. Secondary Education Services Selection Board, Allahabad (hereinafter referred to as "Selec­tion Board") vide advertisement No. 1 of 2002, which was published in daily news paper "Dainik Jagaran" whereby the vacancy had been advertised for making regular selection on the post of Principal of large number of educational institutions in­cluding the present institution. The interview for the post of Principal was held on 16.1.2003 in the campus of Secondary Education Services Selection Board, Allahabad. The petitioner being senior most Lecturer and officiating Principal of the institution was legally entitled to be called for the interview for the post of Principal before the Board in accordance to Rule 12 (6) of U.P. Secondary Educa­tion Services Selection Board Rules, 1998 (hereinafter referred to as "Rules"). It appears that the committee of management did not forward the name of the petitioner to the Board. When the petitioner came to know that his name has not been forwarded for the interview he made representation on 20.1.2003 before the Selection Board stating therein that the petitioner had been illegally deprived of his statutory right for appearing before the Selection Committee for the post of Principal of the institution. Petitioner also made a request to cancel the selection on the post of Principal in pursuance of the advertisement dated 16.1.2003. When the representation of the petitioner has not been considered, petitioner filed Writ Petition No. 9061 of 2003 before this Court. This Court vide order dated 4.3.2003 finally disposed of the writ petition with the direction to the Selection Board to decide the representation of the petitioner dated 20.1.2003 in accordance to the law preferably within a period of fifteen days from the date of filing the certified copy of the order. Petitioner claimed that the certified copy of the order dated 4.3.2003 along with the copy of the representation was served upon the Selection Board on 12.3.2003. The said representation claims to be pending disposal till today.;