All these special appeals have been filed against the judgment and order dated 14th February, 2001, passed by the learned Single Judge in Civil Misc. Writ Petition No. 31980 of 1998, Anand Narain Singh v. U. P. Secondary Education Services Selection Board, Allahabad and others, and other connected writ petitions, wherein challenge to the selection of the Head of Private High Schools (X Class) and Intermediate College (XII class) was made.

2. Brief facts are - Prior to the enactment of the U. P. Secondary Education Service Commission and Selection Board Act, 1982 (hereinafter referred to as "the principal Act"), selection for the posts of Heads of the educational institutions and the teachers were governed by the provisions of the U. P. Intermediate Education Act, 1921 (hereinafter referred to as "the Intermediate Act" ). Under the Intermediate Act, as selection committee was constituted by the Committee of Management managing the institution. The appointment could be made only after the prior approval of the concerned District Inspector of Schools. After some time, the appointments were to be made on the basis of the recommendations made by the selection committee consisting of experts nominated by the educational authorities. Minimum qualifications for the Head and the teachers in an institution have been prescribed in Appendix A to Regulation 1 of Chapter II framed under the Intermediate Act. However, with the coming into force of the principal Act, selections were entrusted to a Commission in order to ensure that good candidates may be appointed Rules were framed by the State Government in the year 1983. However, the present selections have been held under the U. P. Secondary Education Service Commission and Selection Board Rules, 1998 (hereinafter referred to as "the Rules" ). The principal Act provided for setting up of a Commission for making appointment of the Head of an institution. In order to obviate the difficulty faced by the ad hoc teachers and the Principals/heads of the institution, who have been continuing on the post for a long time and to bring an end to ad hocism, amendments were made in the principal Act, firstly, in the year 1985 by which Section 31-A was inserted regularizing certain appointments. Another amendment was made in the principal Act in the year 1991, inserting Section 33-A regularizing some more and ad hoc appointments. It was enforced on 7th August, 1993. In the year 1993, by an amendment in the principal Act, constitution of four Regional Selection Boards was

provided for making selections. It also introduced Section 33-B regularizing certain more ad hoc appointments. However, in the year 1995, by way of an amendment in the principal Act, which was enforced with effect from 28th December, 1994, the four Regional Selection Boards, established by the 1993 amendment, were abolished and one Commission for the entire State was provided. Again, in the year 1998, an amendment was made in the principal Act, which was enforced with effect from 20th April, 1998. Now, the selection process has been entrusted to the U. P. Secondary Education Service Board (hereinafter referred to as "the Board") in place of the Commission. It also inserted Section 33-C in the principal Act by which ad hoc teachers and heads who were appointed not later than 6th August, 1993, were sought to be regularized.

3. The State Government framed the Rules which came into force on 8th August, 1998. The Board published advertisements on 12th August, 1998 and 24th December, 1999 inviting applications for direct recruitment to the posts of the teachers and the heads of the institution. The advertisement for the heads of the institution, unlike teachers, is regionwise. The candidates were to be considered regionwise and the results were also to be declared regionwise. Rule 12 of the Rules provides allocation of marks. Sub-rule (5) of Rule 12 provides the manner in which the Board shall allocate the marks in respect o