By the Court.—This petition filed under Article 226 of the Constitution of India seeks issuance of a writ of quo warranto, restraining respondent No. 4 Dr. Sanil Kumar from holding the office of Chairman of the U.P. Secondary Education Service Selection Board (hereinafter referred to as ‘Board’), constituted under the U.P. Secondary Education (Service Selection Boards) Act, 1982 (hereinafter referred to as ‘Act of 1982’) on the ground that he lacks essential qualification for appointment to such office. It is also alleged that no fair and transparent procedure in consonance with Article 14 of the Constitution of India has been followed in the matter of such appointment.

2. While entertaining the writ petition following orders were passed by us on 16.9.2015 :

“Heard learned counsel for the parties and perused the record.

Not only the eligibility of respondent No. 2 (U.P.Secondary Education Services Selection Board, Allahabad) is under challenge it is also submitted that absolutely no procedure known to law was followed in the matter of such selection. The counsel refers to the judgment in the case of Gorakpur University affiliated Teachers Association, Writ Petition No. 38658 of 2015 dated 7.9.2015 for proposition that there has to be a transparent procedure before any appointment under the Statute can be made.

We are not passing any interim order today as in our opinion, it would not be appropriate that respondents may produce the original records in the matter of consideration of the claim of respondent No. 4 for the post of Chairman of the Selection Board and he have an opportunity to respond to the law as has been explained in the case of Gorkpur University affiliated to Teachers Association (supra).

Put up on 21.9.2015.”

On 21st of September, 2015 we passed following orders :

“On the request of learned Standing Counsel put up this matter day after tomorrow i.e. 23rd September, 2015 alongwith Writ-A No. 36228 of 2015, in order to enable him to produce the records and to explain to the Court as to whether any transparent procedure had been followed in the matter of appointment on the post of Chairman of U.P. Secondary Education Services Selection Board or not. “

Again on 29.9.2015, the matter was adjourned on the request made by counsel appearing for respondent Dr. Sanil Kumar, in order to enable him to file a counter-affidavit. As per the liberty granted, a counter-affidavit has been filed by Dr. Sanil Kumar, which is taken on record.

3. Pursuant to our orders passed on 21.9.2015, learned Standing Counsel has produced the original records, relating to appointment of respondent No. 4 Dr. Sanil Kumar, as Chairman of the Board. The original records produced are in the shape of two separate files, bearing same number. One of the files, which contains note sheets, is paginated whereas the other file has no pagination, documents are kept randomly.

4. The records have been examined by us in presence of the counsel for the petitioner, Standing Counsel for the U.P. Secondary Education Service Selection Board, Allahabad and State of U.P., and Sri P.N. Saxena, Senior Advocate, assisted by Sri Avnis Tripathi, Advocate, for the respondent No. 4 Dr. Sanil Kumar.

5. A perusal of record produced goes to show that in the note sheet, reference is made to filing of Writ Petition No. 36228 of 2015, wherein appointment of respondent Nos. 4 to 6 of the said writ petition, as members of the Board, had been challenged and an interim order has been passed on 6.7.2015, restraining the concerned respondents from functioning as member of the Board, including Smt. Anita Yadav, respondent No. 4 in the said petition, who was officiating as Chairman. Thereafter, there is an hand written note at page 205 dated 15.7.2015, which reads as under :

d`i;k v/;{k in ij fu;fer egkuqHkko dks ukfer djus ij Hkh fopkj djuk pkgsaA

Aforesaid note dated 15.7.2015 has been signed by the concerned Minister of the Department. On the very next page i.e. page No. 20