BHOLA NATH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) With the consent of the learned Counsel for the parties-Sri R.K. Ojha for the petitioner, learned Standing Counsel for respondent No. 1 and Sri A.K. Yadav on behalf of respondent No. 2, this matter is being formally disposed of at this stage itself under the Rules of the Court, since a pure question of law has been raised.

(2.) The post of principal of Gopal Vidyalaya Inter College, Koraon, Allahabad, was requisitioned to the commission under Rule 11 of the U.P. Secondary Education Service Selection Board Rules, 1998 (for short, 1998 Rules) pursuant thereto an advertisement was published in 2008. At the time when the requisition was made and also when advertisement was published, Sri Shatru Badhan Singh was at SI. No. 1 being the senior-most teacher, Sri Gunraj Singh was at Sl. No. 2 and the petitioner was at Sl. No. 3.

(3.) The selection process for the said post of principal took place in January, 2010 and call letters for interview were issued on 16.12.2009. In the meantime, Sri Shatru Badhan Singh retired, his date of birth being 1.10.1947, after attaining the age of superannuation, i.e., 62 years, but he continued to serve the institution till the end of the session, i.e., 30th June, 2010, in view of Regulation 21 of Chapter III of the Regulations framed under U.P. Intermediate Education Act, 1921.