BANWARI PRASAD PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) THE only question that arises for consideration in this writ petition is a Head Master of a Junior High School is entitled to be promoted as Head Master of High School if the institution is upgraded as a matter of right if he is otherwise qualified. Allied to it is another question, namely if process for selection of the Head of the institution has started, did it cease or come to an end on enactment of U. P. Act 5 of 1982.

(2.) FACTS are not in dispute. The petitioner had been working as Head Master of Junior High School since 1959. The institution was upgraded in November, 1977. Since the petitioner was qualified, he started working as Head Master of High School. In February, 1981 an advertisement was issued inviting applications for the post of Head Master of High School. In March, it is claimed that papers were submitted to the District Inspector of Schools for holding selection. But before any selection could be held by a selection committee, constituted under U. P. Intermediate Education Act and Regulations framed thereunder, U. P. Act 5 of 1982 was enacted providing for appointment to the post of Head Master through Secondary Education Service Commission, constituted under the Act. From affidavit filed by one Sheo Narain Singh, who has filed application for impleadment, it is clear that selection for the post of Principal of the High School was held by Commission, in which petitioner and senior most teacher of the college also appeared, but the commission selected Sheo Narain Singh.