BHAGWAN SINGH SISODIA Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed for quashing order dated 31.12.97 Annexure 14 to the petition and order dated 2.1.97 Annexure 15 as well as order 7.4.97 Annexure 5 to the writ petition and for a mandamus directing the respondents not to interfere with the functioning of the petitioner as officiating principal of the college in question.

(2.) The dispute in this case is regarding the question as to who is entitled to officiate as the Principal of the college till a regular selection. It appears the U.P. Secondary Education Service Commission prepared a panel of three names for appointment on the post of principal of D.N. College and A.K. School, Tirwa, Kannauj vide Annexure 3 to the petition. In this panel Mohd. Nairn is at Serial No. 1 and Chandresh Nath Singh Baghel is at serial no.2 and Ram Chandra is at serial no.3. This select list was prepared on 3.8.96 and accordingly Mohd. Nairn was appointed as Principal on 4.8.96 and he worked till 30.6.97 when he retired. The cLalm of respondent no. 8 Chandresh Nath Singh Baghel is that he should be appointed as permanent principal since he is at serial no.2 in the select list. On the other hand the case of the petitioner is that the select list stood exhausted on the appointment of Mohd. Nairn.

(3.) The respondents have appointed Chandresh Nath Singh Baghel as Principal on the reasoning that he was at serial no.2 in the select list and hence he had the right to be appointed. The question is whether select list dated 3.8.96 stood exhausted or not after the appointment of Mohd. Nairn as Principal.