BALAK SINGH KUSHWAHA Vs. STATE OF U P

JUDGEMENT

(1.) Dispute in this bunch of cases, consisting of Special Appeals and Writ Petitions, pertains to selection of principals by U. P. Secondary Education Services Commission for various recognised private aided Intermediate College in the State of Uttar Pradesh. On the basis of the challenges raised and the reliefs sought in the cases, they may be put in different groups. The factual matrix of the cases is as under :

(2.) U. P. Secondary Education Services Commission (hereinafter referred to as the Commission) by advertisement dated 13.12.1995 invited applications for the post of Principal of private recognised and aided higher secondary Institutions in the State. In pursuance of the aforesaid advertisement, large number of applications were received by the Commission. The proceedings for selection of Principals with regard to institutions located in different regions of the State were initiated. The Commission finalised the selection, prepared the panel of the selected candidates for respective regions. Separate notifications were Issued for each such region on 3.8.1996 and 30.8.1996. Ad hoc principals already functioning in the institutions filed large number of writ petitions challenging the selection and questioning the legality of the provisions of O. P. Secondary Education Service Commission Act, 1982 (hereinafter referred to as the Act) as amended from time to time and also the provisions of U. P. Secondary Education Services Commission Rules. 1995 [hereinafter referred to as the Rules). Besides the aforesaid legal challenges, the procedure and criteria adopted for selection by the Commission were also challenged on various grounds. Out of this group of petitions, in Writ Petition No. 31115 of 1996, learned single Judge passed order dated 25.9.1996 referring the following two questions for decision by a larger Bench : 1. Whether Rule 12 (3) of the U. P. Secondary Education Services Commission, 1995 is constitutionally valid? 2. Even if the Rule is held to be valid, what should be the operative criteria for selection of principals and teachers so that the best candidates irrespective of caste, community or creed are selected?

(3.) The learned single Judge also passed an interim order staying the appointment of the selected candidates. Similar interim orders were also passed in several other writ petitions belonging to this group of petitions. In some writ petitions, the interim orders were granted even prior to 25.9.1996.