By the Court.—Management had preferred this petition to challenge the appointment of respondent No. 7 as Principal of the institution by transfer. At the relevant time, there was no Committee of Management and a Prabandh Sanchalak had been appointed. The appointment of Prabandh Sanchalak has been upheld by a learned Single Judge and the same was affirmed by a learned Division Bench. When the matter came up for hearing, the learned Judge by his order dated May 23, 2002 noted the judgment of another learned Single Judge in the case of Narendra Kumar v. State of U.P. and others, 2002 (46) ALR 301, which had taken the view that under Chapter III of the Regulations framed under the U.P. Intermediate Education Act, 1921, it is provided that the post of Principal in a institution can also be filled by transfer from another college, where the person sought to be transferred was appointed after selection by the Board, but such transfer is permissible only with the consent of the Management of both the institutions.

It was further observed that according to the Note at the end of Regulation 61(2) of Chapter III of the aforesaid Regulations “management” has been defined to include “th