R LAKSHMIKANTAN Vs. COMMISSIONER FOR PUBLIC INSTRUCTION

JUDGEMENT

(1.) The petitioner who had been appointed as the Principal of the Vidyodaya Junior College, T. Narasipura, has presented this petition questioning the legality of the order of the Joint Director of Public Instruction, Mysore Division, Mysore, issuing a direction to the Management of the College to appoint Respondent-4 as the Principal of the College, displacing the petitioner.

(2.) The facts of the case, in brief, are as follow : Both respondent-4 and the petitioner were Teachers in the High School established by the same Management. Both of them secured Master's Degrees, which is the minimum qualification for appointment to the post of Lecturer in a Junior College. After the Management established a Junior College, the petitioner and Respondent-4 were appointed as Lecturers on 1-6-1972. Both of them were continuing in the post of Lecturer. When the post of Principal of the Junior College became vacant, the Management appointed the petitioner as the Principal on temporary basis by order dated 26-5-1984. The relevant portion of the order reads :

(3.) The Joint Director, however decided that respondent-4 should be appointed as the Principal and accordingly issued a direction to the Management to appoint the 4th respondent as the Principal replacing the petitioner. The said direction was dated 23-5-1986 (Annexure-H). The relevant portion of it reads : ..(VARNACULAR TEXT OMMITED).. Aggrieved by the said order, the petitioner has presented this petition.