JUDGMENT By the Court.—We are in respectful agreement with the reasoning given and the order passed by Hon’ble Tarun Agarwala, J. on 23.2.2006. 2. The Institution in question is a Christian Minority Institution at Bareilly and the post of the Principal of the College was to be filled up. 3. The Management prepared a selection list of three; the first candidate being one Sri Naveen Kumar Charan, the second was the appellant and the third was the respondent No. 5 before us. 4. The panel was sent to the Joint Director and No. 1 was approved. He joined the post. He worked for four months, then he resigned, then his approval was cancelled by the Joint Director on the ground that he did not have the requisite qualification in the first place. 5. The issue is whether in these circumstances the ordinary panel of three still remains alive for enforcement and for the benefit of the appellant. It would be material here to consider Section 16-E(7) of the U.P Intermediate Education Act, 1921 which is set out below : “16-E. Procedure for selection of teachers and head of Institutions.— ………………………….. ………………………….. (7) Subject to the provisions of sub-section (8) the Committee of Management shall on receipt of the recommendations of the Selection Committee under sub-section (6) first offer appointment to the candidate given the first preference by the Selection Committee, and on his failure to join the post, to the candidate next to him in the list prepared by the Selection Committee under this section, and on the failure of such candidate also, to the last candidate specified in such list.” 6. Although the provisions do not apply in terms, the college being a minority one, yet the principles might be applied as a good guide. It would be seen that the first candidate had joined and resigned and therefore, the process of selection on the basis of the panel had taken effect and it was only thereafter that a vacancy occurred. On this basis, seeking to keep the panel alive even thereafter would not be proper. If the first candidate had worked for four years instead of four months, the matter would not be logically or legally different. 7. The respondent No. 5 has all along been working in the institution and is now officiating as the Principal. 8. On this basis, seeking to keep the panel alive even thereafter would not be proper. If the first candidate had worked for four years instead of four months, the matter would not be logically or legally different. 7. The respondent No. 5 has all along been working in the institution and is now officiating as the Principal. 8. In our opinion undertaking of a fresh selection is the only alternative now left. Mr. Singh submitted that as Sri Naveen Kumar Charan did not possess the requisite qualifications in the first place, his approval by the Deputy Director was void ab initio and not merely voidable. Thus, his joining and his resignation are both pointless and ineffectual events; the only effectual event was the later cancellation of the approval by the Director. The Hon’ble Single Judge has referred to an authority where the approval of an overage candidate was held to be void and the panel was held in those circumstances to be still alive for the benefit of candidate No. 2. In our opinion the same principle is not applicable in regard to lack of qualifications which would require some sort of scrutiny. 9. The issue here was whether candidate No. 1 had the requisite experience of four years or not; deciding on these matters requires a little more of the deciding process then simply deciding whether a person has gone beyond the prescribed age or not. We are aware that the distinction between overage and no qualification is a very fine one. Nonetheless we are of the opinion that the distinction remains and is valid. We are further of the opinion that once a person has joined, it should, in all ordinary circumstances be treated as a completion of the selection process; the less the exceptions the more to the certainty and the law is in favour of certainty. 10. The appeal is therefore, dismissed. Appeal Dismissed. ———