B. L. Yadav, J. - (1.) -
(2.) THESE three writ petitions, Writ Petition No. 14975 of 1982, (hereinafter referred to as the first writ petition), Writ Petition No. 1120 of 1986, (hereinafter referred to as the second writ petition) and Writ Petition No. 7853 of 1986, (hereinafter referred to as the third writ petition), under Article 226 of the Constitution of India are directed against the appointment of Principal in Inter College, Machchlishahr, Jaunpur, (hereinafter referred to as the College). It is convenient to dispose of these three petitions by a common judgment. By first and third writ petitions the petitioner has prayed for a writ of Certiorari quashing the order dated 6-12-82 (Annexure 11 to the first writ petition and Annexure 7 to the third writ petition) and for quashing the proceedings for selection of Principal held by the Commission in pursuance of the procedure provided under the U. P. Secondary Education Service Commission & Selection Boards Act, 1982 (for short the Act) and Rules & Regulations by which the petitioner of second writ petition was found to be most suitable and was issued appointment letter as Principal on substantive vacancy (vide Annexure 1 to the second writ petition). The petitioner of first and third writ petitions prayed further for issuing a writ of Mandamus directing the District Inspector of Schools, Jaunpur to accord approval of the signature of petitioner as ad hoc principal of the College. Some portrayal of the essential facts are imperative in order to appreciate the controversy involved. There is an Intermediate College known as Inter College, Machchlishahr, Jaunpur. Sri Krishna Lal, officiating Principal of the College retired on 30-6-81 and the peritioner of first and third writ petitions, Mai Bahadur, being senior most lecturer, was promoted and appointed as officiating Principal on 1-7-81. The resolution of the Committee of Management for approval of the petitioner of first and third writ petitions, Mal Bahadur, as Principal of the College was sent to the District Inspector of Schools. But he did not approve the said appointment by his order dated 3-10-81 (Annexure 6 to the first writ petition). The Committee of Management and the petitioner of first and third writ petitions made several representations that the appointment as officiating Principal may be approved, but they did not succeed. In the meanwhile U. P. Secondary Education Service Commission (Selection & Board) Ordinance, 1981 (for short Ordinance) and Act, 1982 (for short the Act) came into force. Under Section 16 of the Act, after the enforcement of Ordinance and Act, every appointment of teachers specified in the schedule including the appointment of principals of Intermediate Colleges was to be made only on recommendation of U. P. Secondary Education Service Commission (for short the Commission) and in no other way. The petitioner of first and third writ petitions claim that he may be confirmed on the post of Principal in view of the provisions of U. P. Secondary Education Service Commission (Removal of Difficulties) Order, 1981 and Section 33-A of the Act. This completes the one phase of the facts. The second phase, however, is that one Sri Tribhuwan Singh, Principal of Maharana Pratap Inter College, Ram Dayal Ganj, Jaunpur (respondent no. 2 in the first and respondent no. 7 in the third writ petition) was transferred by order dated 8-12-82 (vide Annexure 11 to the first and Annexure 7 to the third writ petition), as Principal of Inter College, Machchlishahr, Jaunpur, and was directed to take charge from officiating Principal, Mal Bahadur. But before he could take charge, the first writ petition was filed and an interim stay was obtained staying the operation of order dated 8-12-82. But as there was a permanent vacancy of Principal hence under Section 10 of the Act the same was notified by the Committee of Management to the Commission, the process of selection of Principal started and the petitioner of first and third writ petitions was also a candidate along with the petitioner of second writ petition. The Commission held interviews and the petitioner in second writ petition was found most suitable for appointment as Principal of the College, whereas petitioner in first and third writ petition was unsuccessful.
(3.) THE case of Birendra Nath Singh, the petitioner in second writ petition is that in the selection held by the Commission the petitioner in first and third writ petition was also a candidate. But he (Birendra Nath Singh, petitioner in second writ petition) was selected as most suitable (vide Annexure 1 to the second writ petition). In view of section 16 of the Act, the Committee of Management issued an appointment letter dated 30-11-85 in favour of the petitioner in second writ petition (vide Annexure 2 to the second writ petition). THE petitioner in second writ petition joined the College as Principal and the Manager informed the District Inspector of Schools, Jaunpur, by his letter dated 5-12-85 that the petitioner in second writ petition has taken charge of the office of Principal with effect from 4-12-85 and his signature may be verified. The second petition has been filed for a writ of Mandamus directing the District Inspector of Schools to attest the signature of Birendra Nath Singh, petitioner in second writ petition, as Principal of the College. Whereas first and third writ petitions have been filed for a writ of certiorari quashing the order dated 8-12-82 by which Sri Tribhuwan Singh was transferred as Principal of the College, and for quashing the proceedings of the Commission for selection of petitioner of second writ petition as Principal of the College in which the petitioner of first and third writ petition was not selected by the Commission as most suitable candidate, and also for a writ of Mandamus directing the District Inspector of Schools to accord approval to the appointment of petitioner as ad hoc Principal of the College.;