MAL BAHADUR Vs. DISTRICT INSPECTOR OF SCHOOLS JAUNPUR

JUDGEMENT

(1.) -

(2.) THESE three writ petitions, Writ Petition No. 14975 of 1982, (hereinafter referred to as the first writ petition), Writ Petition No. 1120 of 1986, (hereinafter referred to as the second writ petition) and Writ Petition No. 7853 of 1986, (hereinafter referred to as the third writ petition), under Article 226 of the Constitution of India are directed against the appointment of Principal in Inter College, Machchlishahr, Jaunpur, (hereinafter referred to as the College). It is convenient to dispose of these three petitions by a common judgment. By first and third writ petitions the petitioner has prayed for a writ of Certiorari quashing the order dated 6-12-82 (Annexure 11 to the first writ petition and Annexure 7 to the third writ petition) and for quashing the proceedings for selection of Principal held by the Commission in pursuance of the procedure provided under the U. P. Secondary Education Service Commission & Selection Boards Act, 1982 (for short the Act) and Rules & Regulations by which the petitioner of second writ petition was found to be most suitable and was issued appointment letter as Principal on substantive vacancy (vide Annexure 1 to the second writ petition). The petitioner of first and third writ petitions prayed further for issuing a writ of Mandamus directing the District Inspector of Schools, Jaunpur to accord approval of the signature of petitioner as ad hoc principal of the College.

(3.) THE case of Birendra Nath Singh, the petitioner in second writ petition is that in the selection held by the Commission the petitioner in first and third writ petition was also a candidate. But he (Birendra Nath Singh, petitioner in second writ petition) was selected as most suitable (vide Annexure 1 to the second writ petition). In view of section 16 of the Act, the Committee of Management issued an appointment letter dated 30-11-85 in favour of the petitioner in second writ petition (vide Annexure 2 to the second writ petition). THE petitioner in second writ petition joined the College as Principal and the Manager informed the District Inspector of Schools, Jaunpur, by his letter dated 5-12-85 that the petitioner in second writ petition has taken charge of the office of Principal with effect from 4-12-85 and his signature may be verified.