A.P.SAHI,J. - (1.) HEARD Sri R.K. Ojha, learned counsel for the petitioner assisted by Sri Ripu Daman Singh and Sri V.K. Upadhyaya, learned Senior Counsel assisted by Sri Ritvik Upadhyaya for the respondent No.4-Committee of Management. Sri Ashok Khare, learned Senior Counsel has filed an impleadment application on behalf of the person, who is stated to be functioning as an Officiating Principal of the Institution. The said application has been entertained under Chapter 22 Rule 5-A of the Allahabad High Court Rules. Sri A.K. Yadav, learned counsel has been heard for respondent No.5 and learned Standing Counsel for the respondents No.1 to 3.
(2.) THIS petition questions the selections on the post of Principal in Aditya Birla Inter College, Renukoot, Sonebhadra, which is an institution recognized and governed by the provisions of the U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder. The institution is under the grant-in-aid list of the State Government for running twenty-four Sections upto the level of High School for which recognition already stood granted by the State Government. The selection of teachers and the Head of the Institution is governed by the provisions of the U.P. Secondary Education Services Selection Board Act, 1982. The facts shorn of details are that the Institution was initially recognized as a Junior High School under the relevant provisions then existing on 19th June, 1964. The institution was accorded permission and recognition whereupon it stood upgraded as High School w.e.f. 25th January, 1965. A copy of the said recognition order has been filed as Annexure- 2 to the counter affidavit filed on behalf of the Management. The High School level of the institution was from time to time given the benefit of running additional sections which according to Sri Upadhayaya has swelled to 24, and grantin- aid to the High School level of the Institution was extended on 31st March 1984. Subsequently, upon expansion of the Institution, the Management applied for recognition upto the Intermediate level upon which the competent authority vide order dated 30th March, 1998 extended the benefit of running Intermediate classes under the provisions of Section 7- A(a) of the 1921 Act. The said recognition was modified later on with additional sanction of subjects vide order dated 23.8.2000, Annexure-8 to the counter affidavit, 21.8.2004, Annexure 9 to the counter affidavit and 03.5.2005, Annexure 10 to the counter affidavit. There is a significant indication with regard to condition No.5 in the recognition order dated 30.3.1998 wherein Clause 5 of the said recognition indicates that the institution shall appoint a qualified Head of the Institution. However, this condition has been scored out in the subsequent orders of the year 2000, 2004 and 2005.
(3.) THE present dispute relates to the selection and appointment on the post of Principal of the Institution by the U.P. Secondary Education Service Selection Board which has proceeded to select the petitioner Kaushal Kumar Singh treating the Institution of having a post of a Head Master of the High School level for which selections have been held and against which the placement of the petitioner has been made. The requisition for such selection on an earlier occasion had been sent in the year 1991. However, selections were not held on the said post and as noticed above, in between, the institution came to be recognized as an Intermediate college for the subjects, as referred to in the recognition orders and filed along with counter affidavit from 30.3.1998 onwards. It appears that there was an internal communication about the holding of selection on the said post and it is alleged that the requisition was again sent on 27th of September, 2000 by the District Inspector of Schools, Sonebhadra requesting the Commission to hold a selection on the post in question. It has also been stated that a further verification was made in this regard whereafter the Board has proceeded to hold selections and has selected the petitioner against the said post.;