Hon’ble P.K.S. Baghel, J.—The petitioner is an officiating Principal of a recognized institution, namely, Shyam Krishna Inter College. He has instituted this writ proceedings for issuing a writ of certiorari to quash the order dated 20th August, 2015 passed by the second respondent, whereby petitioner’s representation has been rejected against the transfer of the sixth respondent and the order dated 24th August, 2015.

2. A brief reference to the factual aspects would suffice.

3. Shyam Krishna Inter College, Thawaipar, Gorakhpur (for short, the “Institution”) is a recognized intermediate college. It receives financial aid from the State Government. The provisions of U.P. Intermediate Education Act, 1921 (U.P. Act No. II of 1921), the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (U.P. Act No. 24 of 1971), and the U.P. Secondary Education Services Selection Board Act, 1982 (U.P. Act No. 5 of 1982) are applicable to the Institution.

4. It is stated that a vacancy arose in the office of Principal of the Institution on 30th June, 2015. The petitioner being the senior most lecturer in the Institution was appointed as an officiating Principal. The District Inspector of Schools is stated to have approved his appointment. He is functioning as officiating Principal since 13th July, 2015.

5. The Committee of Management has sent a requisition to the U.P. Secondary Education Services Selection Board (the Board) for the selection of a permanent Principal. It appears that in the meantime the sixth respondent who was selected by the Board in the year 2010 as a Principal in Sri Ganga Bux Kannodia Gandhi Inter College, Kaptanganj, Kushinagar, who later transferred to Neta Subhash Krishi Sainik Inter College, Vinod Nagar, Maulaganj, Maharajganj, moved an application on 26th September, 2014 for his transfer to Shyam Krishna Inter College, Thawaipar, Gorakhpur.

6. It is stated that the application of the sixth respondent for his transfer to Shyam Krishna Inter College, Thawaipar, Gorakhpur (the Institution) was not considered in terms of Regulation-55 under Chapter-III of the Regulations framed under the U.P. Act No. II of 1921 and he was illegally transferred to the Institution where the Petitioner is working as Officiating Principal. The petitioner had preferred a writ petition (Writ-A No. 30598 of 2015, decided on 25.5.2015) prior to the sixth respondent’s application was considered. This Court did not entertain his petition on the ground that it was a premature petition. His writ petition was dismissed as such, leaving it open to the petitioner to move this Court at appropriate stage.

7. It is stated that the petitioner submitted a representation dated 08th June, 2015 alongwith annexures and certified copy of the order of this Court dated 25th May, 2015. The second respondent fixed 16.7.2015 for hearing of the matter. However, prior to the said date the petitioner sent an application on 14.7.2015 requesting to fix some other date as his wife was not well. The second respondent fixed 27.7.2015 for hearing the matter and an information was sent to the petitioner vide letter dated 20.7.2015. The petitioner could not appear on 27.7.2015 on the ground that the letter intimating him the date 27.7.2015 was received by him on 27.7.2015 itself. The second respondent fixed 14.8.2015. On the said date the petitioner attended the office of the second respondent but no hearing took place and he was informed that the Director has gone to Lucknow. On the same day the petitioner submitted an application in his office, which was duly said to be received by the concerned clerk, demanding copies of the documents submitted by the sixth respondent. The said application is on the record as annexure-14 to the writ petition. When the petitioner came back to Gorakhpur, he was informed that the next date is fixed as 18.8.2015 i.e. only four days after the previous date. The petitioner got his reservat