- (1.) D. K. Seth, J. Since the facts of both these cases are inter-connected with the consent of the parties both these writ peti tions are taken up together.
(2.) MR. Ranbir Singh, learned Counsel appears on behalf of MR. Jagdeo Singh Chauhan in Writ Petition No. 16217 of 1997. MR. K. N. Saxena appears for the Committee of Management being Respondent No. 2 in Writ Petition No. 16217 of 1997. MR. A. K. Yadav appears on behalf of U. P. Secondary Education Ser vice Commission. MR. I. R. Singh appears on behalf of MR. Suresh Kumar Jain, petitioner No. 2 in Writ Petition No. 34982 of 1997. I have heard all the Counsel at length who had addressed the Court on the merits of both the writ petitions. The facts of the case are as follows: A notice was published for selection of Head Master by the Commission. In the advertisement, the name of the school Sri Chhatrasal Zila Parishad Uchchatar Mad hyamik Vidyala, Narhat, Lalitpur was mis spelt as Sri Kshatrapal Uchchatar Mad hyamik Vidyala, Narhat. On this mis spelling in the name of the school in the advertisement, the Committee of Management did not allow the petitioner who was selected by the Commission for being appointed on the post of Head Master of the school. Therefore, the petitioner Jagdeo Singh Chauhan had filed the Writ Petition No. 16217 of 1997. The Committee of Management had filed counter-affidavit to this writ petition and had opposed the case of the petitioner. While Mr. A. K. Yadav, learned Counsel for the Commission had supported the case of the petitioner. The stand taken by the Committee of Management is that there was no advertisement for selection of Head Master of the said school. There fore, the selection of the petitioner cannot be sustained. In paragraph 4 of the counter-affidavit, such a stand has been taken. A reading of paragraph 4 shows that the name of the schools is Sri Chhatrasal Zila Parishad Higher Secondary School, Narhat, district Lalitpur but in the adver tisement the name was mis-printed as Sri Kshatrapal Uchchatar Madhyamik Vidyalaya, Narhat. In the counter-affidavit it has been pointed out that in Narhat there is no school named Kshatrapal Higher Secondary School. Thus, there cannot be any doubt that Sri Chhatrasal Panchayat might have been mis- spelt as Sri Kshatrapal.
(3.) IN Writ Petition No. 34982 of 1997 moved by the Committee of Management and Mr. Suresh Kumar Jain a case has been made out in paragraph 6 of the writ petition that on the record of the Commis sion, the name of the petitioner's INstitu tion was not mentioned though they were intimated that an interview would be held on 4th May, 1996 for selection of Head Master of the said School by the District INspector of Schools. Such intimation was described by Mr. Suresh Kumar Jain to have been made under mis-conception. Though statements have been made in directly to show that petitioners were not given opportunity to participate in the in terview, but in fact no specific statement has been made that pursuant to such in timation, the petitioners could not par ticipate in the interview or the petitioner was refused participation in the interview. IN the absence of such specific statement, a normal presumption would be that the petitioner Suresh Kumar Jain was asked to appear in the interview on 4th May, 1996. If he had not participated in the interview, he had done some at his peril. If he had participated in the interview, in that event, he now cannot challenge the wrong spell ing of the INstitution in the advertisement in view of the principle laid down in the cases ofarun Kumar Shukla v. Chancellor, Allahabad University, 1984 (1) UPLBEC 477, and Om Prakash Shukla v. A. K. Shuk la, 1986 Lab. I. C. 790, wherein it has been held that after being unsuccessful, a can didate cannot turn round and challenge the selection on certain technical grounds or on the ground of absence of authority or otherwise. Mr. Yadav had produced copies of the records of the Commission relating to the selection of the Head Master of Sri Chhatrasal Zila Parishad, Uchchatar Madhyamik Vidyalaya, Narhat. It appears that by a communication dated 5th Oc tober, 1993 the Deputy Director, Jhansi Mandal forwarded the particulars of the two seniormost teachers of Sri Chhatrasal Zila Parishad Uchchatar Madhyamik Vidyalaya, Narhat to the Secretary, U. P. Secondary Education Service Commis sion in the requisition form. By another letter dated 20th April, 1996, the Deputy Director had forwarded the particulars of the two seniormost teachers to the Secretary of the Service Commission for appropriate steps. The said letter shows that the character roll and service book of Sri Suresh Kumar Jain was annexed as Annexure II to the said letter. A copy of the said letter was also marked to the Manager of Sri Chhatrasal Zila Parishad Uchchatar Madhyamik Vidyalaya, Narhat, Lalitpur. Mr. Yadav had also produced the memo of interview in which the par ticulars of the interview of Sri Suresh Kumar Jain have been recorded. It ap pears that the said Sri Suresh Kumar Jain had deposited the interview fee of Rs. 67 through receipt No. 21/148. The said docu ment shows that Sri Jain had participated in the interview.;