JUDGMENT :

Rajan Roy, J.

1. Heard Shri Ashit Chaturvedi, learned Senior Counsel along with Sri K.M. Shukla, Shri R.C. Tiwari, Shri Shard Pathak and Shri Amrendra Nath Tripathi, learned counsel appearing for the petitioners, Shri Raj Kumar Singh Suryavanshi and Shri Raishabh Tripathi, learned counsel for the Board and learned Additional Chief Standing Counsel for the State.

2. All the writ petitions involve similar facts and issues, therefore, they were heard together and are now being decided by a common judgment.

3. The relief prayed for in the Writ Petitions and the facts of the case need to be mentioned as far as they are relevant.

4. The relief clause in Writ Petition No. 372 of 2022 reads as under:-

“I. Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned Condition No.5 of Circular dated 5.1.2022 by means of which the date 25.2.2014 has been fixed for considering the eligibility criteria two senior most teachers for holding the post of Principal of recognized institutions recognized under the provisions of Uttar Pradesh Intermediate Education Act 1921.

II. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party No.2 to take into consideration the eligibility of two senior most teachers, including the petitioner, for holding selection on the post of Principal of Rajarshi Tandon Inter College, Ram Nagar Athgawan, Pratapgarh under the provisions of Uttar Pradesh Secondary Education Service Selection Board Act, 1982 and Rules made there under as 10.1.2022, which is the last date for sending the details of them before the Board by the concerned District Inspector of Schools.”

5. In this case the petitioner claims to be working as Ad-hoc Principal of the Institution in question w.e.f. 13.04.2021. It is stated that the post of Principal in the institution fell vacant on superannuation of Shri Nagendra Nath Tiwari on 30.06.2013. Accordingly, on a requisition being sent the same was advertised by the Board on 31.12.2013 by Advertisement No. 3 of 2013. In view of the averments made in Paragraph No. 6 of the writ petition, it is evident that the petitioner was not amongst the two senior most teachers of the institution at the time of occurrence of vacancy nor at the time of sending of requisition to the Board or issuance of aforesaid advertisement for the purposes of consideration under Rule 11-(2)(b) of the UTTAR PRADESH SECONDARY EDUCATION SERVICES SELECTION BOARD RULES , 1998 (hereinafter referred to as 'the Rules, 1998) and it is only in 2021 that he was made Ad-hoc Principal possibly being the senior most or amongst two senior most teachers.

6. The selection in pursuance to the advertisement issued on 31.12.2013 could not be completed. According to the petitioner on 05.01.2022 a Circular was issued for uploading details of the two senior most teachers on the Official Website of the Board. The requisite information was required to be sent/uploaded by a particular cut off date and the details of the petitioner have been sent on 06.01.2022 by the D.I.O.S. and the same have been uploaded, as asserted, on 08.01.2022, but, the interview letter was not issued to the petitioner and as per the averments made in Paragraph 15 of the writ petition, this is on account of the fact that the petitioner did