The relevant date for determining senior-most teachers for forwarding names to the Commission is the date when the vacancy arose, and a subsequent event does not entitle another teacher to demand the forwarding of their name.

1. Heard the learned Counsel for the Petitioner, Sri. V.N. Singh, learned Counsel for the Commission.

2. A vacancy for the Principal of the College arose on 30th June, 1986, when Varmeshwar Rai, who was the permanent Principal of the institution retired. On that day, the Petitioner was the third seniormost teacher in the College. The first seniormost teacher Sri. Parashu Ram Upadhyay also retired on 30th September, 1987. The Petitioner's contention is that after 1987, when the selection was made, since Sri. Parashu Ram Upadhyay has retired, his name should have been sent by the Management for consideration for the post of Principal of the College.

3. Rule 4 of the U.P. Secondary Education Services Commission Rules, 1983, which lays down the manner in which the intimation of vacancy has to be sent to the Commission, is relevant. It is quoted below:

4 (1)(i) The Management shall determine and intimate to the Commission, in the proforma given in Appendix 'A' and in the manner hereinafter specified, the number of vacancies existing or likely to fall vacant during the year of recruitment and, in the case of any post, other than the post of the bead of an institution, also the number of vacancies to be reserved for the candidates belonging to the schedule caste, scheduled tribes and other category of persons in accordance with the rules or orders; issued by the Government in this behalf in regard to the educational institutions.

(ii) In regard to the post of Head of an institution, the Management shall also forward, mutatis mutandis in the manner hereinafter specified, the names of two seniormost teachers, copies of their service records (including character rolls) and such other record or particulars as the Commission may require from time to time.

Explanation: For the purpose of this sub-rule "senior-most teacher" mean the senior most teachers in the post of the highest grade in the institution, irrespective of total service put in the institution.

(iii) Where an insititution is raised from High School to an Intermediate College, the post of Principal of such a college shall, with the approval of the Commission, be filled by promotion of the Headmaster of such High School if he was duly appointed as Headmaster in substantive capacity in accordance with law for the time being in force and possesses a good record of service and the minimum qualifications prescribed in that behalf or has been granted exemption from such qualifications by the Board. Proposal for such promotion shall be submitted by the Management to the Commission, mutatis mutandis, in the manner hereinafter specified, along with the service-book, character roll and the educational and other qualifications of the Headmaster concerned.

4. Rule 4 (ii) of the U.P. Secondary Education Services Commission Rules, 1983 provides that in regard to the post of head of an institution, the Management shall also forward the names of two senior-most teachers, copies of their service records and such other record or particulars as the Commission may require from time to time for consideration by the Commission when the question of appointment of the Principal of the Institution is to be considered by the Commission.

5. Sub-rule (ii) of Rule 4, quoted above, in our opinion, clearly intends that on the date when the vacancy arose, on that date, the management is called upon to find out who are the two senior-most teachers whose names are to be forwarded to the Commission hence the date when the vacancy arose would be the relevant date for the purposes of Rule 4(ii). Merely because of a subsequent event, if another teacher becomes the senior-most teacher in the college, he does not have a right to ask the management to send his name also. If this interpretation is not taken then the result will be the process of selection by the Commission will never be completed as the name of the senior-most teachers would go on changing and the process of forwarding names will also continue. This