MANOJ KUMAR RAWAT Vs. STATE OF U.P.

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal has been preferred by the appellant who found place in the panel of waitlisted candidates for the post of Principal in Post-Graduate (in short, 'PG') and Under-Graduate (in short, 'UG') non-Government Aided Colleges in the State of Uttar Pradesh. The appellant wishes to derive the benefit of Sec. 13(4) of the Uttar Pradesh Higher Education Services Commission Act, 1980 (hereinafter 'the old Act'). The learned Single Judge of the High Court of Judicature of Allahabad (hereinafter 'High Court') allowed the writ petition filed by the respondent no. 6 i.e., the affected person and then Officiating Principal of Meerut College, Meerut (hereinafter 'Meerut College') vide order dtd. 17/2/2025 [in Writ-A No. 15433 of 2024] by quashing the order dtd. 13/12/2023 and subsequent orders dtd. 12/1/2024 and 15/1/2024. On challenging the order of the learned Single Judge, the Division Bench of the High Court vide order dtd. 5/5/2025 [in Special Appeal No. 117 of 2025] (hereinafter 'impugned judgement') confirmed the same. Hence, the present appeal has been preferred by the appellant.

(3.) In the facts of the present case, following questions fall for our consideration: