K.C. Agrawal, R.K. Gulati, J. - (1.) This petition under Article 226 of the Constitution has been tiled by Pyare Mohan Verma for mandamus directing the Madhyamik Shiksha Seva Ayog. Uttar Pradesh for fresh interview for appointment on the post of Principal in the Nagar Palika Inter College, Jaunpur.
(2.) On a vacancy occurring in the College, the Committee of Management wrote a letter to the District Inspector of Schools for notifying the same to the Madhyamik Shiksha Seva Ayog, Uttar Pradesh. This letter was written on April 22, 1985. Upon the letter being written, the post was advertised. In pursuance to the advertisement a number of persons, who can be called outsiders, applied. The names of Pyare Mohan Verma and Surya Bali Shukla, who were serving in the aforesaid College as teachers were also sent by the Committee of Management for consideration to the Madhyamik Shiksha Seva Ayog, Uttar Pradesh. The interview for appointment on the post was held on 24th September, 1985. The Commission notified a panel in which the petitioner's name did not find place, consequently he filed the present writ petition alleging, inter alia, that the interview held was invalid as the mandatory provisions were not followed. A counter affidavit has been filed on behalf of Madhyamik Siksha Seva Ayog, Uttar Pradesh of which a rejoinder affidavit has also been filed. One of the points raised in the writ petition was that as the petitioner was a teacher working in the College it was necessary under rule 4 of the U.P. Secondary Education Commission Rules, 1983 to summon the petitioners records and since the records of the petitioner had not been summoned the interview held by the Selection Committee was invalid. The relevant portion of rule 4 is quoted below : "Rule 4(l)(ii) (iv) regard to the post of head of an institution the management shall also forward the names of two senior most teachers copies of their service record (including character rolls) and such other records or particulars as the commission may require from time to time. Explanation. - For the purpose of this sub rule 'senior most teachers' means the senior most teachers in the most of highest grade in the institution, irrespective of total service put in the institution."
(3.) In support of the fact that the records had not been summoned the petitioner's counsel took us through Annexures-2, 3 and 6 of the writ petition. In paragraph 5 of the counter affidavit filed on behalf of the Commission by the Superintendent, Uttar Pradesh Secondary Education Service Commission, which has been authenticated by the Secretary, it has been stated : "However, it may be stated that the service record of the petitioner was received and the same was duly evaluated and marks for interview were assigned accordingly.";