KANT MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) These two writ petitions relate to the dispute over the post of Principal (ad hoc) in Krishak Intermediate College, Maholi, Sitapur between Sri Kant Mishra and Diwakar Prasad Mishra, the two lecturers in the same college.

(2.) The first Writ Petition No. 57 (S/S) of 1999 has been filed by Shri Sri Kant Mishra for quashing the impugned order dated 15.12.1998 as contained in Annexure-1 to that writ petition and for issuing a writ of mandamus commanding the opposite parties not to give effect, to the impugned order dated 15.12.1998 and not to disturb the petitioner working as Principal of the institution and to pay the salary to the petitioner for the post of Principal, regularly.

(3.) By the impugned order dated 15.12.1998 the Joint Director of Education in compliance of the order of this Court passed in Writ Petition No. 3119 (S/S) of 1998, has decided the claim of the petitioner and Shri Diwakar Prasad Mishra opposite party No. 6 by holding that the petitioner Sri Kant Mishra does not fulfil the essential qualification for the post of Principal as given in Appendix 'A' of Chapter II of U.P. Intermediate Education Act and Regulations, 1921 and the petitioner is senior to Shri Diwakar Prasad Mishra in accordance with the provision of seniority provided under Section 3 (1) (kha) of U. P. Intermediate Education Act and Regulations, 1921. It has also been held by the Joint Director in the impugned order that the petitioner shall not be appointed on the post of Principal against the ad hoc vacancy with effect from 30.6.1998 consequent upon the retirement of the then Principal. The petitioner has challenged only that portion of the impugned order by which it has been held that he does not fulfil the essential qualification to hold the post of Principal in the college.