Siddharth, J. - (1.) Heard Sri Piyush Kant Vishwakarma, learned Counsel for the petitioner and Sri Anil Tiwari assisted by Sri Vikas Chand Tiwari, learned Counsels for the respondent No.7 and learned Standing Counsel for the State-respondents.
(2.) This writ petition has been filed by the petitioner, praying for quashing of the order dated 31.07.2000 passed by respondent no.1, U.P. Secondary Education Service Selection Board, whereby, the proceedings conducted by the Board for selection of the respondent no.7, denying the claim of the petitioner for appointment on the post of Principal, was forwarded to the respondent no.2, Director of Education (Secondary), U.P. Lucknow. Further prayer for prohibiting, Vinod Kumar Tiwari, respondent no.7 from holding the office of Principal, direction to re-declare the result of selection of respondent no.7 and for direction to the respondents to permit the petitioner to function as the Principal of Swami Vivekanand Inter College Mariahoon, Jaunpur was also prayed. By way of amendment further relief of direction to the respondents treating the petitioner as Principal from the date of declaration of panel of selected candidate dated 03.08.1996 for the post of Principal, till the date of his retirement and direction to give the difference of salary and other benefits of the post of Principal to the petitioner till his retirement have also been incorporated in the writ petition.
(3.) Petitioner's case is that Swami Vivekananad Inter College Mariahoon is a recognized and aided educational institution, as per the law, where the petitioner was appointed as Assistant Teacher in 1969. In 1974, he was promoted as Lecturer in Geography. The post of Principal in the Institution was substantially vacant and the respondent no.1 issued advertisement inviting application for regular selection. Petitioner being senior most Teacher appeared for interview and was found most suitable candidates, but the Commission vide notification dated 03.08.1996 recommended the name of respondent no.7, Vinod Kumar Tiwari for the post of Principal, which was challenged by the petitioner by means of Civil Misc. Writ Petition No.41833 of 1996.;