JUDGMENT

DESAI, J.:—Even with an ever-widening control of the State on the private management of educational institutions, the minimal residuary power still enjoyed by private management can be used to successfully harass a highly qualified teacher is the tragic lesson of this litigation.

2. Appellant, a double M.A. and holding a Doctorate applied in response to an advertisement that appeared in Hindi Daily Bhirgu Chetna and Dainik Jagran dated May 18, 1980 for the post of principal of Shrinath Intermediate College, Garhmalpur Sahulie, Distt. Ballia (College for short) issued by the Committee of Management of the College. The Selection. Committee as envisaged by S. 16E of the Intermediate Education Act, 1921 (Act for short) held the interview on April 12, 1981. The Selection Committee consisted of Shri Sudhakar Tiwari Manager/President of the Selection Committee, Shri Ram Dularey Tripathi, Principal, Nagrik Degree College. Jaunpur and Dr. Gauri Shanker Misra, Principal, Narihsun Degree College, Harihaun Distt. Jaunpur. The Selection Committee unanimously selected the appellant for appointment to the post of Principal. Pursuant to this decision of the Selection Committee, the Manager