KAUSHAL KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri R.K. Ojha, learned counsel for the petitioner assisted by Sri Ripu Daman Singh and Sri V.K. Upadhyaya, learned Senior Counsel assisted by Sri Ritvik Upadhyaya for the respondent No.4-Committee of Management. Sri Ashok Khare, learned Senior Counsel has filed an impleadment application on behalf of the person, who is stated to be functioning as an Officiating Principal of the Institution. The said application has been entertained under Chapter 22 Rule 5-A of the Allahabad High Court Rules. Sri A.K. Yadav, learned counsel has been heard for respondent No.5 and learned Standing Counsel for the respondents No.1 to 3.

(2.) THIS petition questions the selections on the post of Principal in Aditya Birla Inter College, Renukoot, Sonebhadra, which is an institution recognized and governed by the provisions of the U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder. The institution is under the grant-in-aid list of the State Government for running twenty-four Sections upto the level of High School for which recognition already stood granted by the State Government. The selection of teachers and the Head of the Institution is governed by the provisions of the U.P. Secondary Education Services Selection Board Act, 1982.

(3.) THE present dispute relates to the selection and appointment on the post of Principal of the Institution by the U.P. Secondary Education Service Selection Board which has proceeded to select the petitioner Kaushal Kumar Singh treating the Institution of having a post of a Head Master of the High School level for which selections have been held and against which the placement of the petitioner has been made. The requisition for such selection on an earlier occasion had been sent in the year 1991. However, selections were not held on the said post and as noticed above, in between, the institution came to be recognized as an Intermediate college for the subjects, as referred to in the recognition orders and filed along with counter affidavit from 30.3.1998 onwards. It appears that there was an internal communication about the holding of selection on the said post and it is alleged that the requisition was again sent on 27th of September, 2000 by the District Inspector of Schools, Sonebhadra requesting the Commission to hold a selection on the post in question. It has also been stated that a further verification was made in this regard whereafter the Board has proceeded to hold selections and has selected the petitioner against the said post.