By the Court.—This Special Appeal is directed against the judgment and order of the learned Single Judge dated 4.9.2008 passed in Writ Petition No. 1665 of 1998 (Bhagwan Singh Sisodia v. State of U.P. and others).

2. The facts and circumstances giving rise to this special appeal are that a vacancy to fill up the post of Principal in D.N. College and A.K. School, Tirwa, Kannauj, an institution aided and recognised under the provisions of the U.P. Intermediate Education Act, 1921 and the provisions of the Uttar Pradesh Secondary Education Services Selection Board Act, 1982 (U.P. Act No. 5 of 1982) (hereinafter called the ‘Act’) and the rules framed thereunder, i.e. U.P. Secondary Education Services Selection Board Rules, 1998 (hereinafter called the ‘Rules’) are fully applicable in the said institution, was notified. The vacancy requisitioned was advertised by the U.P. Secondary Education Services Commission, Allahabad (hereinafter called the ‘Commission’) vide Advertisement dated 1/95-96. After completion of the selection proceedings, a select panel containing names of three candidates was notified in the institution on 3.8.1996. One Mr. Mohd. Naim was placed at serial No. 1