Judgment

Rajendra Babu, J.-A vacancy having arisen in respect of a post of Principal in Raja Harpal Singh Degree College, Singramau, District Jaunpur, the U.P. Higher Education Service Commission (hereinafter referred to as ‘the Commission’) was advertised on November 30, 1989 to fill up the same. The appellant and respondent No. 1, amongst others, applied for the same. On the recommendation of the Commission the Committee of the Management of the said College issued an appoint­ment letter in favour of the appellant.

2. A Writ Petition was filed by respondent No. 1 to restrain the appellant from functioning as Principal of the said College with other incidental reliefs. Contention put forth before the High Court in the course of the proceedings before it was as to whether the appellant possessed sufficient qualifications for appointment to the said post and whether relaxation granted by the Commission was appropriate. The High Court was of the view that the qualification possessed by him of Master’s Degree in Education is not an academic qualification. Relying upon the decision of this Court in Dr. Prit Singh v. S.K. Mandal1, the High Court took the view that a person having secur