RAM SEVAK SINGH Vs. U R SINGH

JUDGEMENT

(1.) A vacancy having arisen in respect of a post of Principal in Raja Harpal Singh Degree College, Singramau, District Jaunpur, the U. P. Higher Education Service Commission (hereinafter referred to as 'the Commission') was advertised on November 30, 1989 to fill up the same. The appellant and respondent No. 1, amongst others, applied for the same. On the recommendation of the Commission the Committee of the Management of the said College issued an appointment letter in favour of the appellant.

(2.) A Writ Petition was filed by respondent No. 1 to restrain the appellant from functioning as Principal of the said College with other incidental reliefs. Contention put forth before the High Court in the course of the proceedings before it was as to whether the appellant possessed sufficient qualifications for appointment to the said post and whether relaxation granted by the Commission was appropriate. The High Court was of the view that the qualification possessed by him of Master's Degree in Education is not an academic qualification. Relying upon the decision of this Court in Dr. Prit Singh v. S. K. Mandal, (1993) 1 Suppl. SCC 714, the High Court took the view that a person having secured third division in M. A. who cannot be considered by any university even for the post of Lecturer cannot be qualified for being appointed as Principal of any college if later he secures a high second class marks in M. Ed. examination. On the basis the High Court allowed the writ petition and restrained the appellant from functioning as Principal. Hence these appeals by special leave.

(3.) Qualification required for appointment as Principal is as follows:-