DHURENDRA DEO SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) In Shiv Charan Inter College, Bulandshahr, a duly recognised institution governed by the provisions of U. P. Secondary Education Services Selection Boards Act, 1982, a vacancy arose due to retirement of its Principal on 30.6.92. The petitioner being the senior-most lecturer was appointed on 1.7.92 as ad hoc Principal. District Inspector of Schools attested his signature on 7.7.92. He continued to work as such. The management intimated the vacancy of the Principal to U. P. Secondary Education Service Commission (in brief commission) which advertised the same. The Commission on 30.1.97 held the interview for the post of Principal, respondent No. 5 was selected. The petitioner has challenged the selection mainly because the names of the two senior-most teachers along with their character roll, etc. was not sent as required by the rules.

(2.) I have heard Shri G. K. Stngh learned counsel for the petitioner. Shri Arun Tandon learned counsel appearing for respondent No. 5 and Miss. Ainakshi Sharma learned standing counsel appearing for respondent Nos. 1 and 3.

(3.) Shri G. K. Singh learned counsel for the petitioner urged that in view of amendment made in U. P. Secondary Education Service Commission Rules, 1995 (in brief Rules, 1995) adding sub-rule (b) to Rule 11 (2) by U. P. Secondary Education Service Commission (First Amendment) Rules. 1996, requiring the management to send the name of two teachers in accordance with seniority along with their service records, character roll, etc.. for consideration of their claim also by the Commission, the selection was illegal as the management did not comply with it.