Hon’ble Devendra Kumar Upadhyaya, J.—Heard Dr. L.P. Misra, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Shri Ramesh Pandey, learned counsel representing the respondent No. 11, who is on caveat.

2. The dispute engaging attention of this Court in the instant case relates to appointment on the post of Principal in Lucknow Montessori Inter College, Purana Qila, Lucknow-respondent No. 10 (herein after referred to as ‘LMIC’). The claim of respondent No. 11 for appointment as Principal in the said institution on the basis of transfer is being resisted by the petitioner, who, at present, is officiating as Principal in the said institution.

3. LMIC is an Institution recognized by the Board of High School and Intermediate Education, Uttar Pradesh, Allahabad under the relevant provisions of Uttar Pradesh Intermediate Education Act, 1921 (herein after referred as ‘the Act 1921 ‘). Similarly, Lala Ram Kumar Inter College, Patranga, Faizabad (hereinafter referred to as ‘LRK Inter College’) is also an Intermediate Institution recognized under the Act, 1921.

4. Both these Institutions are Government aided Institutions imparting education up to Intermediate level and students studying therein are subjected to take their examinations conducted by the Board of High School and Intermediate Examination, Allahabad.

5. Jurisdiction of this Court under Article 226 of the Constitution of India has been sought to be invoked by the petitioner assailing the validity of the letter/order dated 11.7.2016 of the Joint Director of Education, VI Region, Lucknow directing the District Inspector of Schools, Lucknow (herein after referred to as ‘the DIOS’) to take further action in the matter of transfer of respondent No. 11, who is working as Principal of LRK Inter College, Patranga, Faizabad, to LMIC, Lucknow. The petitioner has also prayed that the resolution dated 18.6.2016 of the Committee of Management of LMIC, Lucknow resolving that No Objection Certificate be issued to respondent No. 11 for his appointment as Principal in LMIC by way of transfer, be also quashed. No Objection Certificate issued to respondent No. 11 by the Committee of Management of LMIC dated 21.6.2016 has also been challenged by the petitioner in this petition.

6. The basic premise on which Dr. L.P. Misra, learned counsel appearing for the petitioner, has proceeded to advance his arguments assailing the validity of the entire process initiated by the Committee of Management of LMIC, Lucknow to appoint respondent No. 11 on the post of Principal in the Institution by way of transfer is that the said process of appointment is legally not available to the Management once the requisition for filling up the post in question by direct recruitment has been sent to the Uttar Pradesh Secondary Education Services Selection Board (herein after referred to as ‘the Selection Board) under Section 10 of Uttar Pradesh Secondary Education [Services Selection Board] Act, 1982 (herein after referred to as ‘the Board Act’) read with Rule 11 of Uttar Pradesh Secondary Education Services Selection Board, Rules, 1998 (herein after referred to as ‘the Rules, 1998’).

7. Further contention of learned counsel for the petitioner is that in the instant case the process of transferring the respondent No. 11 to LMIC, Lucknow as Principal from LRK Inter College, Patranga, Faizabad is in absolute contravention of the provisions contained in Regulations 55 to 61 of Chapter III of the Regulations framed under Section 16-G(2)(c) of Act, 1921.

8. Shri Ramesh Pandey, learned counsel representing the respondent No. 11 has vehemently opposed the very maintainability of the writ petition by submitting that since no final decision in the matter of transfer of respondent No. 11 has yet been taken by the authorities, as such the writ petition is premature. He addressed the Court on merit as well and has argued that in the facts and circumstances of the present case, the action o