The main legal point established in the judgment is that the Selection Board does not have the authority to re-examine charges and arrive at a different conclusion than the disciplinary authority.

( 1 ) THIS writ petition has been filed by the Committee of Management of Gochar krishi Inter college, Rampur Maniharan, district Saharanpur through its President Sri Gajendra Singh, challenging the order dated 28. 8. 2001 passed by the U. P. Secondary Education Services selection Board, Allahabad communicating the decision of the Selection Board dated 16. 8. 2001 ; and the order dated 5. 9. 2000 passed by the District Inspector of Schools, Saharanpur. The selection Board has disapproved the proposal to dismiss respondent No. 3 Sheesh Pal Singh, principal of the college from service, and has directed the management to give charge of the post of Principal to Sheesh Pal Singh within a period of three days.

( 2 ) I have heard Sri V. K. Shukla, learned counsel appearing for the petitioners and Sri A. K. Sharma, advocate, who has entered appearance as counsel on behalf of respondent No. 3, and with the consent of the parties, the writ petition is finally decided under the Rules of the Court.

( 3 ) THE facts, giving rise to the instant writ petition, are stated below : Gochar krishi Inter college, Rampur Maniharan, district Saharanpur is a recognised institution under the provisions of U. P. Intermediate Education Act, 1921. Respondent No. 3, Sheesh Pal Singh Verma was appointed as Principal of the institution on 26. 2. 1988 on recommendation of the U. P. Secondary education Service Selection Board. Some complaints were received by the Committee of management from students levying charges against the Principal. A Preliminary Enquiry committee was constituted which submitted its report on 8. 7. 1991 after which a three Members sub-Enquiry Committee was constituted consisting of Shri Jai Singh, Shri Azab Singh and Shri gyan Singh. This Sub-Enquiry Committee conducted enquiry and submitted its report on 11. 11. 1991. The Committee of Management of the Institution in its meeting dated 23rd december. 1991, unanimously resolved to suspend Sri Sheesh Pal Singh Verma forthwith, and to hold a detailed enquiry into the charges levelled against him. On 23. 12. 1991, the Managing committee submitted the papers to the District Inspector of Schools, Saharanpur along with the resolution passed by the Committee of Management : copy of the order of suspension and the copy of the charge-sheet. The Enquiry Committee consisted Sri Telu Ram Verma, advocate as chairman, and Sri Bhupendra Singh and Sri Parikshit Singh as Members of Committee. The committee held its meeting on 14. 1. 1992, 3. 2. 1992 and 7. 2. 1992. In each of the meetings, Shri sheesh Pal Singh Verma was called to submit his defence. He did not appear before the committee. The Committee, therefore, submitted Its report dated 15. 2. 1992 holding that the charges were proved against the suspended Principal, and recommended to dismiss him from service. The Committee of Management by its resolution dated 23. 12. 1991 considered the enquiry report and unanimously resolved to terminate the service of respondent No. 3 and sent the matter for approval to the Secretary. U. P. Secondary Education Services Selection Board, allahabad.

( 4 ) THE Commission sent a show cause notice dated 5. 1. 1993 to Shri Sheesh Pal Singh Verma, to which he gave reply on 2. 2. 1993. Thereafter, several dates were fixed but it appears that no one appeared before the Board. The Board also sent a letter to the District Inspector of Schools, saharanpur but he did not give any reply, The Board received a letter from the Manager of the institution dated 27. 7. 1998, informing that the dispute has been settled between the Committee of Management and the suspended Principal and themanaging committee had decided to hand-over the charge of the Principal to Sri Sheesh Pal Singh Verma and that he is discharging his duties. The Selection Board, however, decided that a final decision shall be given after affording opportunity to both the parties. On 26. 2. 1999, Sri Pitamber Singh, Manager of the institution, appe