SILVER MOON KNOX Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned Senior Advocate, assisted by Sri N.C. Tripathi for the petitioner, learned Standing Counsel for respondent Nos. 1, 2 and 3, Sri R.P. Tewari for respondent No. 5/1 and Sri Rahul Jain for respondent No. 6.

(2.) With the consent of learned counsels for the parties, the writ petition has been heard and is being decided finally at this stage under the Rules of the Court.

(3.) Aggrieved by the order dated 28.11.2007 passed by Deputy Director of Education, Jhansi Mandal, Jhansi (respondent No. 2), whereby it has recalled its approval dated 2.12.1997 granted to the petitioner's promotion to the post of Principal in Christian Inter College, Jhansi (hereinafter referred to as "College") on the ground that neither the petitioner was qualified for the said promotion nor the procedure followed by the Committee was consistent with Sections 16-F and 16- FF of UP. Intermediate Education Act, 1921 (hereinafter referred to as "1921 Act"), the present writ petition under Article 226 of the Constitution has been filed. The College is recognized governed by the provisions of 1921 Act. Since it is receiving grant-in-aid, the matter of payment of salary of teaching and other staff of the College is governed by the provisions of U.P. High School and Intermediate Colleges (Teachers and other Employees) (Payment of Salary) Act, 1971 (hereinafter referred to as "1971 Act"). The College, being minority institution, it is said that by virtue of Section 30 of U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as "1982 Act"), the said Act of 1982 is not applicable to the College and in the matter of selection of the Principal, the procedure laid down under Section 16-FF of 1921 Act read with Regulation 17 of Chapter II of the Regulations framed under 1921 Act (hereinafter referred to as "Regulations") has to be followed. The respondent No. 4 sought to fill in the vacancy of Principal of the College by direct recruitment making an advertisement on 2.4.1997 and 6.4.1997 in daily news papers "Northern India Patrika" and "Dainik Jagran" respectively. The post of Principal was likely to fall vacant on 30.6.1997 and hence the Management started proceeding a bit earlier so that a validly selected candidate may be available as soon as the vacancy occur. The respondent No. 4 vide letter dated 23.4.1997 requested the Deputy Director of Education, Jhansi to nominate a Government Expert for interview to be held by the Management for recruitment to the post of Principal. By order dated 23.7.1997 the respondent No. 2 nominated Sri Narain Singh Bisht, District Inspector of Schools, Jhansi as Departmental Expert. Consequently, interview was held on 30.7.1997 wherein 18 candidates including the petitioner appeared and interviewed. This included Vinod Kumar Paul, respondent No. 6, also. The petitioner was placed at SI. No.1 in the merit list white Sri Vinod Kumar Paul was placed at SI. No. 3. The papers were sent by selection committee to respondent No. 2 for seeking his approval which was ultimately granted by order dated 2.12.1997 (Annexure4to the writ petition) pursuant whereto the petitioner was issued appointment letter on 2,12.1997 (Annexure 12 to the writ petition) and he jointed on 3.12.1997.