JUDGMENT Ashok Bhushan, J.
1. We are in respectful agreement with the reasoning given and the order passed by Hon'ble Mr. Justice Sunil Ambwani in his Lordship's impugned order dated 27.7.2005. We would add another reason of ours in maintaining his Lordship's order.
2. The appellant was selected as a Principal of Bramharshi Sri Ram Krishna Inter College at Mau district. Many selections of Principals were quashed in writ petitions including the appellant's. Several S.L.Ps. were filed to the Supreme Court; orders of status quo were passed including one in favour of the appellant on 13.10.2003. During the pendency of the order of status quo, under protection of which, the appellant has been and still is functioning as the Principal of the Mau College, he took steps on the basis of an advertisement issued on 30.8.2004 for being transferred as Principal to the Sarvodaya Kishan Inter College at Gorakhpur district.
3. The respondent before us who is the writ petitioner in the court below being the seniormost teacher in the Gorakhpur College filed a writ petition for restraining the transfer of the appellant from Mau to Gorakhpur.
4. It was submitted that on the basis of the order of status quo passed by the Supreme Court that such transfer is not to be permitted.
5. It is true that the order of status quo operates in favour of the appellant and he can at any time withdraw his S.L.P. and allow the status quo order to be dropped or to be automatically vacated. But if he does that in the instant case, he no longer remains as Principal at Mau and will be reverted to the position of an ordinary teacher. In that case, he cannot be transferred as a Principal to another College again as Principal. Therefore, the only logical course open to the appellant is to assert the status quo order of the Supreme Court until he is transferred as Principal and then to say that he is dropping his S.L.P. and then let go of his position as Principal of the Mau College. The problem with this logical but not legal course of action is that he will, by reason of the transfer, be elevating the interim order of the Supreme Court to a final order, in that he will become an unchallengeable Principal of another College without any litigation pending in regard to that College. This cannot be permitted; the appellant can take only one stand, either abiding by the status quo order standing in his favour, or giving a go bye to that order of status quo altogether. He cannot use the order for his purposes once, and then say that he does not wish to have the benefit of that order anymore; it would be allowing him to blow hot and cold, although not at the same time, but yet successively, which is as bad as blowing hot and cold at the same time, if not worse.
6. The appeal is dismissed.