NASREEN SULTANA Vs. REGIONAL D D E

JUDGEMENT

(1.) THIS appeal is directed against the order dated 12.7.1994 passed by the learned Single Judge, dismissing writ petition No. 22630 of 1994 filed by the appellant challenging the order dated 22/23.3.1994 passed by the respondent No. 1, refusing to accord approval to the selection of appellant for the post of Principal of Begum Khair Girls Inter College, Basti. In this appeal, an interim order was passed on 26.9.1994 staying operation of the order of the learned Single Judge as well as the order of the Deputy Director of Education Application had been filed along with counter affidavit for vacating this interim order which was posted for hearing. However, as far deciding the question of grant of interim order, the entire controversy has to be gone into, we thought it proper and the learned counsel for the parties also agreed that this appeal itself may be decided finally at this stage. The facts necessary for appreciating the controversy in hand are that Begum Khair Girls Inter College Basti, is a minority institution Post of Principal fell vacant on 1.7.1993 on retirement of the regular principal on 30.6.1993. This post was advertised in newspapers on 30.8.1993 Respondent No. 1 sent a panel of the names of the expert vide his letter dated 7.1.1993 Smt. Sharda Singh was chosen as expert member of the Selection Committee Besides her the other members of the selection committee consisted of Shri Abdul Waheed Siddqui manager (chairman), Abdalul Haq Siddiqui member, Mushtaq Ahmad member and Shalat Hussain member Meeting of the selection committee was convened on 6.3.1994. In all thirteen applications were received. However, only eight candidates appeared before the selection committee. The expert however, disagreed with the opinion of the other members of the selection committee. She expressed her opinion in the chart, showing the list of candidates meant for the expert and handed over the same to the Chairman and left the institution. According to the expert Smt. Nilofer Usmani was selected at first place Smt. Nasreen Sultana, present appellant, at second place and Smt Saeeda Bano Khan at third place. While expressing this recommendation expert member Smt Sharda Singh only said in my opinion. It would be appropriate at this place to reproduce the recommendation as shown in the chart filed as Annexure -3 to the writ petition: - -

(2.) THE remaining members of the selection committee however selected Smt. Nasreen Sultana (appellant) at first place, Smt Suraiyya Jobeen at second place and Km. Danish Aara Khanam at third place. The committee of management accepting the recommendation made by the other members of the selection committee forwarded papers to the Deputy Director of Education on 6.3.1994 for approval of the appointment of the appellant as principal. The forwarding letter has been filed as Annexure -2 where it has been stated that Smt. Sharda Singh expert for some reason did not agree and has not signed the necessary papers which have been prepared on the basis of the majority opinion of the selection committee. The expert member Smt. Sharda Singh on 13.3.1994 wrote a letter addressed to the Deputy Director of Education mentioning therein that for interview total 8 candidates appeared. On the basis of the interview and the qualifications Smt Nilofer Usmani was found best amongst the candidates mentioning her name at first preference. The document was signed and was handed over to the manager. The management has not paid T.A. and D.A. it was also mentioned that it appears that other members of the selection committee wanted to select some candidate from the institution itself for which they also pressurised her. The respondent No. 1 after considering the proposal of the committee of management and the letter of the expert member dated 13.3.1994, refused to accord approval to the proposal made by the committee of management for appointment of appellant as principal. The conclusion of the respondent No. 1 drawn from the material before him was mentioned in the impugned order as under: - -

(3.) IT will be relevant to mention at this place that Smt. Nilofer Usmani or any other candidate selected for other preferences either by the expert member or by other members of the selection committee were not impleaded as respondents in the writ petition. Smt. Nilofer Usmani, however, filed an application for her impleadment as respondent No. 4. She has also filed counter -affidavit. Similarly, Km. Danish Aara Khanam has put in appearance through Shri Ashok Khare, advocate. Considering their interest in the controversy in hand, both are impleaded as respondents Nos. 4 and 5 in this appeal.