S.K.Phaujdar, J. - (1.) Undisputedly, Messmore Intermediate College of Pauri Garhwal, is a minority institution managed and run by members of the Christian community. There is also no dispute that after the superannuation of the former principal of that institution, the post fell vacant and the process for selection of a principal was taken up. The petitioner and the respondent No. 3, along with others faced an interview by the selection board in the aforesaid process of selection. The trouble started after the selection. While the petitioner claimed that he had scored the maximum marks in the selection process, he was illegally shown as second while respondent No. 3 who actually came second was illegally shown as first. It was the case of the respondent No. 3 that after his selection was duly made, his name was forwarded to the Regional Deputy Director of Education, Garhwal Mandal and the selection was approved. It was asserted that despite this selection and approval, the present Manager of the Committee of Management of the concerned institution did not appoint him as the Principal. In the course of arguments, it was felt necessary that the respondent No. 1 should produce the original papers forwarded to him by the Manager of the institution so that the real facts could come out.
(2.) According to the petitioner, the institution of the respondent No. 2 was a recognised Intermediate College and the Provisions of U. P. Intermediate Education Act were applicable mutatis mutandis to this institution which also receives grant-in-aid from the State Government. The post of the Principal fell vacant in July, 1995, after retirement of the erstwhile Principal Mr. J.N. Massey. The petitioner claimed that he was the seniormost Lecturer having 33 years' continuous service to his credit and, awaiting a regular appointment against the post of the Principal, he was asked to discharge the duties of the Principal in an officiating capacity and he had been discharging such responsibility since July, 1995.
(3.) The petitioner further stated that a Selection Committee was constituted under the provisions of Section 16FF of the U. P. Intermediate Education Act and the Committee met at New Delhi on 21.1.97 for selection of a candidate for the post of Principal. The Selection Committee consisted of the Bishop who was also the Chairman of the Committee of Management and four others. These four persons were not named in the petition but their names came through the original papers produced by respondent No. 1, They were Reverend Rajendra Prasad, the then manager of the institution, Sri N.P. Baluni, a representative of the respondent No. 1, Mr. J.N. Massey (who was the earlier Principal) and Sri V.P. Singh, who is now the Manager of the institution after Rev. Rajendra Prasad.;