(1) SPECIAL leave granted. (2) WE have heard learned counsel for the parties. (3) THIS appeal relates to appointment to the post of Principal of Bokaro Mahila College (hereinafter referred to as "the College"). The said appointment has to be made on the basis of selection to be made by the Bihar College Service Commission (hereinafter referred to as "the Commission"). The Commission recommended the names of Respondents 6 and 7 for the said post. Both are males. The appellant was appointed on temporary basis as the Principal of the College by order dated January 14, 1983. The Commission has given concurrence to the appointment of the appellant till a final recommendation is made by it. On the basis of advertisement issued in 1994, the Commission, after considering the applicants, which included the appellant, has recommended the names of Respondents 6 and 7 for appointment as Principal of the College. The appellant filed a writ petition in the Patna High Court challenging the said recommendation made by the Commission on the ground that only a female applicant could be recommended for appointment to the post of Principal and that the recommendation of the names of Respondents 6 and 7, who are males, was not permissible. The said writ petition was dismissed by the learned single Judge and the letters patent appeal filed by the appellant against the said judgment of the learned single Judge has been dismissed by the Division Bench of the High Court by the impugned judgment dated January 22, 1997. (4) SHRI Nageshwara Rao, the learned counsel appearing for the appellant has invited our attention to the communication dated November 17, 1980 from the Government of Bihar to the Vice-Chancellor, Ranchi University, regarding sanction of teaching posts in the College. In the said communication the post of Pradhanacharya (Lady Principal) has been sanctioned. Shri Nageshwara Rao has also referred to the letter of the Deputy Registrar of Ranchi University dated March 15, 1983 to the Management of the College regarding the continuance of affiliation of the College. One of the conditions for such affiliation is that a qualified lady (as per the statutes enclosed) should be appointed as Principal of the College on the recommendation of the Commission. Thereafter on March 20, 1984 the Governing Body of the College sent a requisition to the Commission for selecting a person for the post of Principal of the College.
One of the conditions for such affiliation is that a qualified lady (as per the statutes enclosed) should be appointed as Principal of the College on the recommendation of the Commission. Thereafter on March 20, 1984 the Governing Body of the College sent a requisition to the Commission for selecting a person for the post of Principal of the College. In the said requisition, it is stated that the post to be advertised is that of a Pradhanacharya (Lady Principal). The requisition contained the following question: "Is this post for lady candidates only?" The said question was answered in the affirmative. (5) THE genuineness of those documents ; has not been questioned in the counter-affidavit filed on behalf of Respondent 6. In view of these documents it must be held that the post of the Principal of the College has to be held by a lady and the recommendation that has been made by the Commission whereby the names of Respondents 6 and 7, who are males, have been recommended for appointment on the post cannot be upheld. (6) SHRI B.B. Singh, the learned counsel appearing for the Commissioner states that the Commission is prepared to hold a fresh selection for appointment of a Lady Principal in the College. (7) THE appeal is, therefore, allowed, the impugned judgment of the High Court is set aside and the Commission is directed to select a suitable lady candidate for appointment to the post of Principal of the College. If the appellant submits her application in this regard and if it is found that she has crossed the maximum age prescribed for such appointment she may be granted relaxation in that regard. No costs.