The eligibility criteria for appointment as an Officiating/Incharge Principal of an Intermediate College recognized and governed under the Intermediate Education Act, 1921.

JUDGMENT :

1. Heard Sri Radha Kant Ojha, learned Senior Counsel, assisted by Sri Ratnakar Upadhyay, Sri Naushad Alam, learned counsels for the writ petitioner, Sri Pradeep Kumar Shahi, learned Additional Chief Standing Counsel, who appears for the State official respondents as well as Sri Sankalp Narain, learned counsel, who appears for the respondent nos.4 and 5.

2. Since a statement has been made by the learned counsel for the rival parties that they do not propose to file any further affidavits thus with their consent the writ petition is being decided at the fresh stage.

3. The case of the writ petitioner is that there is an institution by the name of S.M. National Inter College Machhati, District Ghazipur, fourth respondent, which is a minority institution conferred with certain protection and benefits under Article 30 of the Constitution of India recognised and aided under the provisions of U.P. Intermediate Education Act, 1921 (In short 1921, Act) and the provisions of U.P. Act No.24 of 1971 stands applicable. As per the writ petitioner the said institution has his own approved scheme of administration. The writ petitioner herein claims to be working as Lecturer (Physics) in the institution in question since 1997. It is the case of the writ petitioner that seniority list was published on 3.2.2021 wherein the name of the writ petitioner found place at serial no.2 as whereas the name of the fifth respondent is at serial no.8.

4. Records reveal that one Sri Subhanullah Khan was appointed as the Principal of the institution in question however six months before his superannuation he proceeded on medical leave resulting to the fact that a vacancy stood arisen and one Smt. Farhat Mirza Khan was handed over the officiating charge of the Principal in question and her signatures were also attested 16.3.2021. One Sri Quamaruddin who claimed himself to be the senior most Lecturer in the seniority list challenged the appointment of Smt. Farhat Mirza Khan as Officiating Principal while filing a Writ-A No.6467 of 2021 which was dismissed on 16.7.2021.

5. It has come on record that Sri Subhanullah Khan superannuated on 31.3.2022. Thereafter, Smt. Farhat Mirza Khan resigned on 6.5.2022, Committee of Management proceeded to resolve to grant the charge as Officiating Principal of the institution in question to the fifth respondent, Shoab Ahamd Khan and he was accorded joining and signatures were attested on 17.6.2022.

6. The writ petitioner herein questioned the officiation of the fifth respondent as a Principal in the institution in question while filing Writ-A No.13591 of 2022, Imtiyaz Ahamad vs. State of U.P. & 4 others as whereas the fifth respondent, preferred Writ-A No.21404 of 2022, Shoeb Ahmad Khan vs. State of U.P. and 3 others for a mandamus directing the Committee of Management as well as the District Inspector of Schools to accord payment of salary to him in the grade of Principal and not to interfere in his functioning. Both the writ petitions were consolidated together and were decided by a common order on 14.3.2023 which is quoted herein under :

1. These two connected matters relate to the issue of appointment of respondent no. 5 namely Shoeb Ahmad Khan as an Officiating Principal of an Intermediate College recognized and governed under the Intermediate Education Act, 1921 and so the entitlement of Mr. Khan to salary as admissible to the post of Principal of a recognized and aided institution while Imtiyaz Ahamad, the present petitioner in writ petition being Writ -A No. 13591 of 2022 has questioned the appointment of Mr. Khan as Officiating Principal of the Institution for the reason that he did not possess the requisite qualification for the post of Principal of a recognized Intermediate College as per the qualification prescribed in Appendix-A of Intermediate Education Act, 1921.

2. Mr. Khan who happens to be the petitioner