ARUN TANDON,J. - (1.) HEARD learned counsel for the parties.
(2.) VACANCY on the post of Principal of Rajarshi Purushottam Das Tndon Inter College, Mahwa, Naini, District Allahabad was caused on 30th June, 1998. The vacancy was requisitioned to the U.P. Secondary Education Services Selection Board (hereinafter referred to as 'Board'). The Board advertised the vacancy vide Advertisement No. 1 of 1999-2000. Against the advertisement of the vacancy, the present petitioner Madan Mohan Singh, who was working as officiating Principal in the institution, filed Writ Petition No. 8100 of 2000. The writ petition was dismissed in the year 2001. He filed Special Appeal No. 249 of 2001 before the Division Bench of this Court. In the appeal an order of status quo was granted. While the order of status quo was in operation, petitioner admittedly served with a letter of the Board stating therein that since he was one of the two senior most teacher of the institution, he may appear before the Board on the date fixed for interview with reference to Rule 11(2) (b) of the U.P. Secondary Education Services Selection Board Rules, 1998. The petitioner is stated to have received the letter after the date of interview. It is not disputed that the process of interview was completed on the date fixed. However, the result of the said selection was not declared. Probably because of pending decision of large number of writ petitions, which were filed before this Court challenging the advertisement itself and the process of selection initiated. A Division Bench of this Court by means of judgment and order dated 16th October, 2003 allowed the special appeal filed by the petitioner along with other connected matters, leading case being Special Appeal No. 159 of 2001. The judgment and order of the Division Bench of this Court was subjected to challenge before the Hon'ble Supreme Court. The Hon'ble Supreme Court in the case of Balbir Kaur and another vs. U.P. Secondary Education Services Selection Board, Allahabad and others, reported in 2008(3) ESC 409 reversed the judgment and order of the Division Bench of this Court and upheld the judgment and order of the Learned Single Judge.
(3.) WITH the decision of the Hon'ble Supreme Court, the Board notified the select panel qua the institution in question on 24.12.2008. It is against this notification of the select panel and the letter of District Inspector of Schools directing the appointment of selected candidate that this writ petition has been filed. The basic ground of challenge is that petitioner being amongst the two senior most teachers of the institution was not able to participate in the selection because of delay in receipt of the call letter and therefore the entire selection proceedings were hit by Rule 11(2)(b) of the U.P. Secondary Education Services Selection Board Rules, 1998. Reference has also been made to the letter of the Board dated 30.03.2009 whereunder certain other teachers of other institutions have been afforded opportunity to participate in the process of selection with reference to the same advertisement. Lastly it is pointed out that the vacancy was again advertised in the year 2008 and therefore the earlier selection has lost its efficacy.;