By the Court.—Professor Madan Mohan Rajput, presently posted as Head of Department of Agriculture Economics, Brahma Nand Post Graduate College, Rath, Hamirpur, is before this Court with following prayers :

“I. a writ, order or direction in the nature of certiorari quashing the impugned orders dated 6.7.2015, 18.8.2015 and 28.9.2015 passed by the respondent No. 4 and 2 respectively (Annexure 3, 5 and 8 to this writ petition).

II. a writ, order or direction in the nature of mandamus directing the respondent No. 2 and 4 to appoint the petitioner on the post of Officiating Principal in terms of the provisions of Statutes 12.20 of the First Statute of the Bundelkhand University, Jhansi till the joining of regular Principal and may also direct the respondent No. 6 to hand over the charge of Officiating Principal of the College to the petitioner.”

2. This Court vide an order dated 19.11.2015 had proceeded to pass following order:

“Put up this case on next Thursday i.e. 26.11.2015 in computer list.

On the matter being taken up today, in consonance with the provision as contained under University Grants Commission Regulation, on minimum qualifications dealing with the matter of Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010, eligibility criteria for the post of the principal has been provided for. As far as petitioner is concern, he has been non suited, as he is not having to his credit Ph.D. Degree and once eligibility criteria has been provided for, then candidate has to fulfil all the eligibility criteria and incumbent, who has been permitted to function as Officiating Principal, he also does not fulfil eligibility criteria as provided for under Clause (iv) of Statute 4.2.2 of University Grants Commission.

Sri Neeraj Tiwari, Advocate submits that he would take necessary instruction in the matter and it would also be much more appropriate that supplementary-affidavit be filed by the petitioner on this aspect of the matter as to in what way and manner Respondent No. 6 lacks eligibility.”

3. In compliance of the aforesaid order, short counter-affidavits have been filed on behalf of respondent No. 2 and 4 respectively, and the same are taken on record.

4. With the consent of learned counsel for the parties, we have proceeded to decide this matter.

5. The present writ petition has been filed challenging the orders dated 6.7.2015, 18.8.2015 and 28.9.2015 passed by respondent Nos. 4 and 2 respectively by which the claim of the petitioner for the appointment as officiating Principal in Brahma Nand Post Graduate College, Rath, Hamirpur (hereinafter referred to as institution) has been rejected in terms of provisions of Statute 12.20 of Bundelkhand University, Jhansi and Dr. R.D. Mahan-respondent No. 6 has been appointed as officiating Principal of the institution till regular selection is made by the Commission.

6. Record in question reflects that the institution is recognized and aided from the State Government and University Grants Commission. The said institution is duly affiliated with Bundelkhand University, Jhansi. It is run and managed by a private duly constituted Committee of Management under the framework and guidelines of U.P. State Universities Act, 1973 (hereinafter referred to as Act 1973) and the Statutes of Bundelkhand University, Jhansi. The petitioner was initially appointed as Lecturer in Department of Agriculture Economics of the institution on 15.10.1982 and since then he is continuously discharging his duties. He is senior most Associate Professor in the institution and at present, he is Head of Department of Agriculture Economics Department. Dr. U.P. Singh, who was officiating as Principal of the institution, attained age of superannuation on 6.4.2015. The petitioner is placed at serial No. 2 in the seniority list dated 6.4.2015 and Dr.R.D.Mahan-respondent No. 6 is placed at serial No. 4. Dr. Laxmi Prasad, who