Hon’ble Manoj Misra, J.—In both the writ petitions, I have heard Sri Ashok Khare, learned senior counsel, assisted by Sri Siddharth Khare, for the petitioner, the learned Standing Counsel for the state-respondents and Sri Santosh Kumar Yadav for the private respondent (Committee of Management).

2. As both these writ petitions raise common questions of law and fact, with the consent of learned counsel for the parties, they are being decided together by a common judgment.

3. For convenience and better appreciation of facts, the facts and respective arguments relating to each writ petition, have been stated under separate heading.

WRIT PETITION NO. 648 OF 2013

4. By this petition, the petitioner, who applied for appointment on the post of Principal in Km. Udyan Balika Inter College, Ashok Nagar, Kanpur Nagar, has challenged the order dated 26.11.2012 passed by the Regional Level Committee whereby the selection/appointment of the petitioner on the post of Principal, has been disapproved.

5. It is the admitted case of the parties that Km. Udyan Balika Inter College, Kanpur Nagar is a recognised and aided educational institution governed by the provisions of U.P. Intermediate Education Act, 1921 and the regulations framed thereunder as also the U.P. High School and Intermediate Colleges (Payment and Salary to Teachers and other Employees) Act, 1971. It is undisputed that the said institution is recognised as a minority institution, therefore, by virtue of Section 30 of the U.P. Act No. 5 of 1982, the provisions of the U.P. Act No. 5 of 1982 are not applicable to it.

6. A substantive vacancy on the post of Principal in the said college was advertised in News daily ‘Times of India’ (an English daily) dated 9.5.2012 and ‘Amar Ujala’ (a Hindi daily) dated 9.5.2012, thereby inviting applications from eligible candidates, within 15 days from the date of advertisement. The petitioner being eligible and a serving teacher in the said institution and possessed of degrees in Master of Arts and Bachelor in Education, applied alongwith other candidates. The Selection Committee, after carrying out the selection process, recommended the petitioner for appointment on the post of Principal. The recommendations of the Selection Committee were approved by the Committee of Management and the papers pertaining to the selection were submitted in the office of the District Inspector of Schools, Kanpur Nagar, vide letter dated 14.8.2012. Certain queries were made from the office of the Joint Director, Kanpur Nagar, vide letter dated 3.11.2012, to which a reply was submitted by the Committee of Management. Thereafter, the matter was considered by the Regional Level Committee which, in its meeting dated 26.11.2012, disapproved the selection/recommendation.

7. The selection/recommendation was disapproved by the Regional Level Committee on the following grounds:

(a) The advertisement was published in the Newspapers ‘Pioneer’, Kanpur Nagar and ‘Dainik Swatantra Bharat’, Kanpur Nagar dated 4.11.2011, which do not have wide circulation in the State.

(b) The advertisement neither made a complete disclosure of the minimum eligibility qualification required for the post nor it disclosed the last date for submission of the applications, which was a violation of the provisions of Regulation 17 of Chapter II of the Regulations framed under the U.P. Intermediate Education Act, 1921.

© Copy of the advertisement was not provided to the District Inspector of Schools, within the prescribed period.

(d) The basis on which the candidate was selected was not disclosed in the recommendation.

ARGUMENTS OF LEARNED COUNSEL FOR THE PARTIES IN WRIT PETITION No. 648 of 2013

8. Assailing the grounds taken by the Regional Level Committee, the learned counsel for the petitioner submitted that the vacancy concerned was duly advertised in the ‘Times of India’, Kanpur Nagar (an English daily) dated 9.5.2012 and ‘Amar Ujala’, Kanpur Nagar (a Hindi daily) dated 9.5.2012 which have wid