RAJES KUMAR, J. - (1.) HEARD Sri Khare, learned Senior Advocate ap­pears on behalf of the petitioner, Sri P.S. Baghel, learned counsel appears on behalf of respondent No. 6, Sri R.P. Dubey appears on behalf of respondent No. 2 and learned Standing Counsel appears on behalf of respondent Nos. 1, 3 and 4.
(2.) THE petitioner claims to be senior most teacher in Gandhi Inter College, Kishundaspur, Azamgarh and as such in the absence of any permanent principal he is officiating as principal. Learned counsel for the petitioner submitted that Sri Rajesh Asthana was selected by the Board as Principal in Panchayat Inter College, Khanpur, Azamgarh, therefore, his appointment as principal in Gandhi Inter College, Kishundaspur, Azamgarh is wholly illegal.
(3.) SRI P.S. Baghel, learned counsel appearing on behalf of respondent No. 6 submitted that initially in the advertisement, Panchayat Inter College, Khanpur, Azamgarh was shown as Inter College and subsequently, it was found that it was not the Inter College, but High School. Therefore, the petitioner filed representa­tion before the Board for the appointment of the petitioner in some other college. Since the representation was not decided, the petitioner filed writ petition No. 23129 of 2003, which was decided on 10.6.2003 with the direction to the Board to decide the representation of the petitioner by a speaking order. In pursuance thereof, the Board has passed the order dated 4.9.2003 appointing the petitioner as Principal of Gandhi Inter College, Kishundaspur, Azamgarh. Copy of the order has been produced before the Court. This order has never been challenged by the petitioner. It appears that dispute has been raised challenging the selection of principals by the Selection Board. The Apex Court in the case of Balbir Kaur and another v. U.P. Secondary Education Services Selection Board, Allahabad and others vide order dated 16.5.2008 has upheld the selection of principal by the Selection Board. After the decision of the Apex Court referred herein above, Sec­retary Selection Board issued letter dated 25.6.2008 directing the District Inspec­tor of School to give charge to all the principals selected by the Board in the respective college for which they were selected. In pursuance thereof the respon­dent No. 6 has now been appointed as principal of Gandhi Inter College, Kishundaspur, Azamgarh. He submitted that the petitioner is simply senior lec­turer, therefore, officiating as a principal in absence of any permanent principal has no right to challenge the appointment of respondent No. 6 of the college who is duly selected.;