Hon’ble Rajes Kumar, J.—Heard Sri G.S. Bhatt, learned counsel for the petitioner and Sri Gajendra Pratap Singh, Senior Advocate, Assisted by Sri D.S.M. Tripathi, learned counsel for the respondent No. 5 as well as Sri Pankaj Rai, learned Additional Chief Standing Counsel, appearing on behalf of other respondents.

2. By means of the present petition, the petitioner is seeking a writ of certiorari quashing the approval order dated 9.7.2004, passed by the District Basic Shiksha Adhikari, Varanasi, Annexure-4 to the writ petition and further quashing of the entire selection proceeding held on 8.4.2004 for the post of Head-mistress of Sri Krishna Balika Vidyalaya Junior High School, Bula Nala, Varanasi and further a writ of mandamus to the respondent Nos. 1, 2, 3 and 4 to make a fresh selection of the candidates for appointment on the post of Head-mistress.

3. By the order dated 9.7.2004, the District Basic Shiksha Adhikari, Varanasi granted approval for selection of Smt. Meela Yadav, respondent No. 5, for appointment on the post of Head-mistress in Sri Krishna Balika Vidyalaya Junior High School, Bula Nala, Varanasi.

4. The brief facts, giving rise to the present writ petition, are that Sri Krishna Balika Vidyalaya Junior High School, Bula Nala, Varanasi (hereinafter referred to as the ‘institution’) is being run and managed by the committee of management duly registered under the Societies Registration Act, 1860. The institution is recognised and aided by the Government and as such the salary to the teachers and other staff is being paid under the provisions of U.P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978.

5. In the year 2003, the vacancy to the post of Head-mistress in the institution occurred and the Management of the institution decided to fill up the same under intimation to the respondent No. 3. The applications were invited through publication in daily news paper ‘Dainik Jagran’ on 31.8.2003. In pursuance of the aforesaid advertisement, eleven applications were received, including that of the petitioner and the respondent No. 5. The educational qualification of Smt. Meela Yadav, respondent No. 5, Dr. Chandra Kumar, the petitioner and Smt. Rashmi Singh are as follows:

The interview was held on 8.4.2004. It appears that Smt. Meela Yadav was selected by the Selection Committee and the District Basic Shiksha Adhikari, Varanasi vide its order dated 9.7.2004 granted approval to the said selection.

6. Being aggrieved by the appointment of the respondent No. 5 and the order of the District Basic Education Officer, Varanasi, granting approval to the said selection, the petitioner filed the present writ petition. This Court, vide order dated 24.11.2004 has granted an interim order. This Court has directed to keep order of approval dated 9.7.2004 in abeyance and the same shall not be implemented and given effect to.

It is the case of the petitioner that Smt. Meela Yadav has not filed the certificates of her M.A. and B.Ed. Degrees alongwith her application. At the time of the interview, the certificates were not on record. Those certificates were filed subsequently and even the certificates were not attested and as such could not have been relied upon. Similar was the position of Smt. Meena Srivastava, Smt. Seema Singh, Kumari Rashmi Chitrawansi, Km. Sunita Misra, Smt. Sangita Yadav and Km. Rukmani Kumari, but while awarding quality point marks, except Smt. Meela Yadav, no other candidate was awarded quality point marks. Even though Smt. Meela Yadav did not file M.A. and B Ed. Degrees, but she has been awarded five quality point marks for B.Ed. Sri Munna Lal, Manager of the Committee of Management of the institution filed a complaint stating therein that several irregularities were committed in the said selection.

7. Learned counsel for the petitioner submitted as follows:

(i) Smt. Meela Yadav has not filed the certificates of M.A. and B.Ed. Degrees alongwith the application, therefore