- (1.) The order dated 13.10.1998 (Annexure-7 to the writ petition issued by the Director of Education (Higher Education) allowing the respondent no.5 to continue as Principal of Shiva Pati Degree College, Soharatgarh, Siddharth Nagar till 30.6.1999 granting him the session benefit in terms of statute 16.24 of First Statutes of the University of Gorakhpur.
(2.) The contention of the petitioner is that the respondent no.5 could not be allowed to continue as Principal in terms of the said statute 16.24 as such benefit is only available as a teacher and one can not be continued as Head of the Department or Principal applying the said provision of statute 16.24. On such contention the present petitioner claming himself to be the senior most teacher of the institution is entitled to_work as officiating Principal of the institution in question on retirement of the respondent no.5 on 30.9.1998.
(3.) The respondent no.5 has filed counter affidavit and has contended that he was selected by the U P.Higher Education Service Commission and thereupon was appointed on substantive post of Principal in the institution concerned and, therefore, applying the provision of statute 16.24 the respondent no.5 has to be re-employed for the continuing session and, therefore, the impugned order is valid and proper and should not be interfered with.;