MANOJ MISRA,J. - (1.) Heard Sri Bheem Singh, learned counsel for the petitioners; the learned Standing Counsel for the respondents 1, 2 and 3; and perused the record.
(2.) The petitioner is the Committee of Management of Mihir Bhoj Inter College, Dadri, Gautam Buddh Nagar, which is an institution aided and recognized up to the Intermediate level under the provisions of U.P. Intermediate Education Act, 1921 (Act, 1921) and therefore the provisions of the Act, 1921, the Regulations framed thereunder and the provisions of U.P. High School and Intermediate Colleges (Payment of Salaries of Teacher and other Employees) Act , 1971 including the provisions of U.P. Secondary Education Services Selection Board Act, 1982 (for short Act, 1982) are applicable on the institution.
(3.) It is not in dispute that the post of Principal in the institution is lying vacant and has been notified to the Board for recommending a candidate to fill up the said vacancy. It is also not disputed that the fourth respondent (Satya Pal Singh Arya) is the senior most lecturer, with necessary eligibility qualifications, available for appointment as Officiating Principal in the institution.;