V.K.SHUKLA,J. - (1.) IN the district of Jyotiba Phule Nagar, there is duly recognised institution known as Inter College, Jamuna Khas, District Jyotiba Phule Nagar. Said institution is to be run and managed strictly as per the provisions as contained under U.P. Intermediate Education Act, 1921. The institution in question is on the grant-in-aid list of the State Government and the provisions of U.P. High School and Intermediate Colleges (Payment of Salary of Teachers and other Employees) Act, 1971 is fully application to the institution in question. Selection and appointment on the post of Principal is to be made strictly as per provisions as contained under U.P. Secondary Education Services Commission and Selection Board Act, 1982. In the institution in question, the permanent Principal, Rajveer Singh, attained the age of superannuation, giving rise to substantive vacancy on the post of Principal. The petitioner by virtue of being senior most teacher was handed over the charge of the office of the Principal. His signatures were attested and fixation of salary in the Principal's grade was also made with effect from 01.09.1999. The post in question was advertised by the U.P. Secondary Education Services Selection Board vide advertisement No.1/1999-2000 published on 24.12.1999. After the said advertisement had been issued, the petitioner filed writ petition No.6852 of 2000 before this Court questioning the validity of advertisement No.1/1999-2000 dated 24.12.1999 to the extent it pertained to the post of Principal of Inter College, Jamuna Khas, J.P. Nagar, and further prayer was also made to extend the benefit of regularisation by declaring the provisions of Section 33C (1) (a) (i) of U.P. Act No. 5 of 1982 as ultra vires. On presentation of writ petition on 09.02.2000, this Court passed an order to the effect that if the petitioner was working on the post of Principal, he would be allowed to continue to function on the said post. Petitioner has contended that the U.P. Secondary Education Selection (hereinafter referred to as Selection Board) proceeded to hold interview. Interview letter was also sent to the petitioner and the petitioner appeared before the Section Board, but no interview took place, and in this background, petitioner submits that the Selection Board is not justified in issuing communication dated 25.06.2008, directing all the District Inspector of Schools of the State to ensure joining of selected candidates in the institutions in relation to which advertisement was issued. Challenging the validity of communication 25.06.2008, the petitioner filed Civil Misc. Writ Petition No.34124 of 2008 before this Court. This Court granted time to the respondents to file counter affidavit. Thereafter panel has been declared and by means of the same name of one Surendra Kumar Chikara was recommended for being appointed as Principal of Inter College, Jamuna Khas. At this juncture Civil Misc. Writ Petition No.13206 of 2009 has been filed.
(2.) PLEADINGS inter se parties have been exchanged, record of Selection proceedings maintained by Selection Board have also been summoned for perusal of this Court, and thereafter, after perusal of records produced by the respective sides, with the consent of the parties, these writ petitions are being heard and decided by common judgment. Sri Irsad Ali, Advocate has assailed the validity of selection of Sri Surendra Kumar Chikara on the ground that total marks obtained by the petitioner are 285.57, whereas the total marks obtained by Sri Surendra Kumar Chikara are 287.5, and thus difference is of less than 3 marks, and record in question reveals that in spite of the fact that Mr. Surendra Kumar Chiakar was not having to his credit any teachers' training qualification, he has been awarded 6 marks under the said head and in case the said 6 marks are deducted, then it is the petitioner, who would be placed at serial No. 1 in the panel prepared on the basis of merit. It has also been contended that said six marks towards training could not have been awarded, as same is not at all subscribed by Appendix D of U.P. Secondary Education Service Selection Board Rules, 1998, and with the aid of the guidelines framed by the U.P. Secondary Education Service Selection Board in exercise of its power vested under Section 9 of U.P. Act No. 5 of 1982, such marks could not have been awarded and framing of such guidelines is in total transgression of authority and as such, the same cannot be subscribed, as such the guidelines have necessarily to be ignored and the merit has to be considered strictly as per provisions as contained under U.P. Secondary Education Service Selection Board Rules, 1998. In this background, it has been contended that writ petitions deserve to be allowed.
(3.) COUNTERING the said submissions, Sri A.K. Yadav as well as Sri Arun K. Singh- I, Advocates representing Selection Board and private respondent, respectively, on the other hand, contended that in the present case rightly 6 marks have been awarded to Sri Surendra Kumar Chikara, as experience could not have been ignored and in lieu of exemption being there such marks were liable to be awarded, and the areas which were not covered under the Rules, the U.P. Secondary Education Service Selection Board has got full authority to frame guidelines and provide marks in order to see that the candidates are equally placed and nobody gets any undue advantage over others in the selection to be held from open market. In this background, it has been contended that the guidelines are just and valid and the marks awarded to Sri Surendra Kumar Chikar under the head of training are in full accordance of the guidelines, and same requires no interference by this Court.;