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 num