The court upheld the validity of the petitioner's appointment as Principal, asserting no individual can claim dual permanent positions in educational administration.

1. This is a petition under Art.226 of the Constitution for the quashing of the order dated 7th March, 1975, appointing Akhilesh Chandra Upadhya as Principal of Raja Shri Krishna Dutta Degree College, Jaunpur.

2. Raja Shri Krishna Dutta Degree College, conducts B.A. B.Sc. and B.Ed. classes. The College was previously affiliated to Gorakhpur University. Sri Akhilesh Chandra Upadhya, respondent No. 4, was its permanent principal, he took one year's leave with effect from 2nd October, 1972, and later on he got his leave extended upto 1st April, 1975. During that period he joined as principal of Goverdhan Dass Binani Degree College, Mirzapur, which was also affiliated to the Gorakhpur University. During his absence the Committee of Management of the Raja Shri Krishna Dutt Degree College, Jaunpur (hereinafter referred to as the Jaunpur College) invited applications from qualified and experienced persons for appointment to the post of Principal in leave vacancy which was likely to be made permanent. Ram Asrey Misra, the petitioner, who was a teacher in the Jaunpur College applied for the same. A Selection Committee as required by the U. P. State Universities Act, 1973, which had come into force by that time was constituted and met on 29th November, 1973, to hold the selection. It selected the petitioner. The Managing Committee accepted the recommendations of the Selection Committee and appointed the petitioner as principal of the Jaunpur College on probation and referred the matter to the Vice - Chancellor of the Gorakhpur University for his approval. The Registrar of the University informed the petitioner and the Managing Committee that the Vice - Chancellor had accorded approved to the petitioner's appointment as Principal of the College under S.31 (3 - A) of State Universities Act, 1973. According to the petitioner Akhilesh Chandra Upadhya, respondent 4, was confirmed and made permanent on the post of Principal of the Goverdhan Dass Binani Degree College, Mirzapur. Consequently a clear vacancy arose in the office of the Principal of the Jaunpur College. The Managing Committee by its resolution dated 13-2-1975 made the petitioner permanent on the post of Principal and a letter to that effect was issued to him by the President of the Jaunpur College on 15-2-1975. Later on some differences arose between the petitioner and the President of the College as a result of which the President of the Jaunpur College purported to cancel the leave of Akhilesh Chandra Upadhya and allowed him to join as Principal of the Jaunpur College. The petitioner was not allowed to function as Principal. Aggrieved the petitioner filed this petition challenging the order of the President of the Jaunpur College, dated 7-3-1975 cancelling the leave of Akhilesh Chandra Upadhya and directing him to join as principal of the College.

3. The Gorakhpur University Act, 1956 was repealed by the U. P. Ordinance No. 1 of 1973 which was promulgated on 18-6-1973. The Ordinance made provision for the University of Gorakhpur and the Degree Colleges affiliated to it. It further made provisions for appointment of teachers. The Ordinance was converted into the U. P. State Universities Act 10 of 1973 which was enforced on 3-9-1973. The Ordinance and the Act repealed the Gorakhpur University Act, but S.50 of the Act laid down that the First Statutes of the Gorakhpur University Act, 1956 made by the State Government shall continue to remain in force for so long as the First Statutes are not made under the 1973 Act. No fresh statutes as contemplated by S.50 of the Act have been framed by the State Government. Consequently the first Statutes made under the Gorakhpur University Act, 1956, still continue to remai