S.U. Khan, J. - (1.) HEARD learned Counsel for the parties. 2. Through this writ petition selection of respondent No. 4 Sri Chandra Shekhar Mishra on the post of Principal in Satya Prakash Vivekanand Inter College Mushahari, district Deoria by respondent No. 1 on 29.11.2002 has been challenged. The only argument of learned Counsel for the petitioner was that respondent No. 4 was at Serial No. 4 in the seniority list of the lecturers in the college in question and only the names of two senior most lecturers of the same college could be sent for consideration by the commission hence name of respon dent No. 4 was wrongly sent and considered by the commission. The names of re spondent No. 4 and Chandra Bhan Dubey senior most lecturer were sent by the management to the commission. Lecturer at Serial No. 1 was to attain the age of superannuating on 14 or 19 July, 2002 and lecturer at Serial No. 2 was to attain the said age on 8.1.2003. However, both were to continue to work till the end of the session i.e., 30.6.2003. Selection was made in pursuance of the advertise ment No. 1 of 2002. Interview letter to the petitioner was issued by the commis sion on 2.7.2002. Respondent No. 4 asserted that even though he was at Serial No. 4 but the lecturers at Serial Nos. 2 and 3 had not asserted their right to be considered for appointment by virtue of being the two senior most lecturers of the institution in question. Petitioner was place at Serial No. 2 in the selected panel. 3. Sri Brahm Dev Mishra and Sri Dhruv Ji Dwivedi who were at Serial Nos. 2 and 3 stated that they were not interested in their appointment as prin cipal and Sri Dhruv Ji Dwivedi had also sent a letter to that effect to the man agement committee. However, it appears that committee of management through D.I.O.S. sent the name of Shri Dhruv Ji Dwivedi and respondent No. 4 as two senior most lecturers. Alongwith counter-affidavit filed on behalf of the commission list of all the lecturers of the college in question seniority wise sent to the commission has been annexed in which petitioner is at Serial No. 4. It has further been stated that lecturers at Serial Nos. 2 and 3 i.e.; Brahm Dev Mishra and Shri Dhruv Ji Dwivedi had in writing intimated that they did not intend to appear in the interview, that intimation is Annexure-C.A. 2 to the said counter-affidavit. Those letters were given to the D.I.O.S. on 19.3.2002 and were forwarded to the commission by D.I.O.S. It is important to note that lecturers at Serial Nos. 2 and 3 i.e., Shri Brahm Dev Mishra and Sri Dhruv Ji Dwivedi never complained that they were not called for interview. 4. In view of refusal of two lecturers who were at Serial Nos. 2 and 3, management through D.I.O.S. rightly sent the names of lecturers at Serial Nos. 1 and 4. The commission rightly permitted respondent No. 4 to appear as one of the two senior most lecturers of the college in question in the interview held for selecting Principals for the said college. 5. Accordingly, I do not find any error in the selection of respondent No. 4. The two lecturers senior to him having refused to participate in the selection process, his name was rightly sent by the management to the commission through D.I.O.S. 6. Writ petition is, therefore, dismissed. Petition Dismissed.;