BUDHI RAM BADOLA Vs. MANAGING COMMITTEE INTERMEDIATE COLLEGE

JUDGEMENT

(1.) This is plaintiffs second appeal arising out of a suit filed for declaration that the appellant was permanent principal of the college since its upgrading on 1-7-1965 and a permanent injunction restraining the Managing Committee from interfering in discharge of his duties as Principal. It was also prayed that the selectior for the post of Principal held on 8-6-1967 the recommendation of the Selection Committee dated 8-6-1967 and the approval given by Deputy Director Education (hereinafter referred to as D. D. E.) on 29-8-1967 may be declared illegal and void.

(2.) In 1957 appellant was appointed as Head Master of the Junior High School. Within one year the School was upgraded as High School and with it the appellant was also promoted as Principal. On 1-7-1965 it was upgraded again as Intermediate College. May be due to appellant's efforts. On 14-8- 1965 the Manager of the College wrote a letter to D. D. E. to promote the appellant as Principal as he was qualified. The correspondence went on till 1967 when the Managing Committee with approval of D. D. E. advertised the post for appointment by selection instead of promotion. The selection was held on 8-6-1967 in which the appellant also appeared but unfortunately was not selected. The trial court decreed the suit but the order was set aside in appeal. The appellate court held that appellant had no vested right to be promoted as Principal when the college was upgraded. Nor was he ever approved for appointment as Principal by D. D. E. It is the legality of these findings which have been challenged by the learned counsel for appellant.

(3.) Proviso to Regulation 16 of Chapter III reads as under :