- (1.) BY the Court.- These two appeals arise out of a common judgment in two writ petitions delivered on 20.8.1997, whereby the learned single Judge dismissed both the writ petitions, and upheld the order of the U.P. Secondary Education Services Commission, disapproving the recommendation of the Committee of Management proposing dismissal of Raja Ram Shukla, appellant in Special Appeal No.835 of 1997 from the post of Principal of an Intermediate College, and substituting the punishment of reversion, whereby the said appellant stood reverted as a Lecturer in the institution. The judgment under Appeal stands reported in 1997 (3) ESC 1850, Raja Ram Shukla Vs. U.P. Secondary Education Service Commission and others.
(2.) THE issue raised in this appeal is primarily on the question as to whether the appellant - Raja Ram Shukla was a direct recruit on the post of Principal or not on the date when the punishment was awarded and as to whether the punishment of reversion awarded by the Commission was permissible in law keeping in view the provisions of Section 21 of The U.P. Secondary Education Service Condition and Selection Board Act, 1982 (Act No.5 of 1982) read with Regulation 8 of the U.P. Secondary Education Service Commission (Procedure for Approval of Punishment) Regulations, 1985. The undisputed facts are that Raja Ram Shukla, the petitioner - appellant in Special Appeal No.835 of 1997, was promoted and was appointed as a Lecturer in the year 1973 in the institution in question namely Vinoba Inter College, Kamasin, District Banda. The appointment on the post of Teachers and Principals in an Inter College are governed by the provisions of U.P. Secondary Education Service Condition and Selection Board Act, 1982 as amended from time to time.
(3.) A vacancy, on the post of Principal, occurred in the said institution which was advertised under the provisions of U.P. Act No.5 of 1982 and the Rules framed thereunder. This vacancy on the post of Principal occurred when the earlier incumbent retired on 30.6.1987. According to the Rules applicable, and as admitted in the pleadings of both the parties, Raja Ram Shukla, being one of the senior most Lecturers of the institution, was nominated under the Rules, and his documents were forwarded for being considered to be selected as Principal of the Institution. The Commission, after having screened out all the candidates, finally selected Raja Ram Shukla, who came to be appointed as Principal in the year 1989 itself.;