REKHA AGRAWAL Vs. STATE OF UP

JUDGEMENT

(1.) We have heard Shri Ashok Khare, Sr. advocate assisted by Shri Siddharth Khare for the petitioner. Smt. Archana Singh appears for U.P. Higher Education Service Commission, Allahabad. Learned standing counsel appears for the State respondents.

(2.) The petitioner was appointed as Lecturer in Education in Smt. Vidyawati Mukand Lal Girls Post Graduate College, Ghaziabad (the college) on 1.8.1986. The college is affiliated to Chaudhary Charan Singh University, Meerut and is receiving grant-in-aid from the State Government. In July, 1997 the petitioner was sanctioned the designation and pay scale as the Reader in the college. Dr. Manorama Prakash, permanent Principal of the college expired in the year 2003, on which the vacancy on the post of Principal was notified by the management to the Director of Education {Higher Education), U.P. on 12.3.2003. The D.H.E. notified the vacancy to Higher Education Service Commission. The advertisement No. 36 published by the Commission included the post of the Principal of the college for selections. The petitioner applied and gave first preference for the advertised vacancy of the post of Principal of the college. The D.H.E. by his order dated 27.11.2003 recommended the name of Dr. Aruna Prabha for appointment. The petitioner filed a Writ Petition No. 2702 of 2004 challenging the placement, in which a stay order was granted on 27.1.2004.

(3.) The advertisement No. 39 was issued by the U.P. Higher Education Service Commission on 24.2.2005 with stipulation that the candidates, who had applied in pursuance to the advertisement Nos. 33, 34, 35 and 36 need not apply again. The D.H.E. by his subsequent order cancelled the placement of Dr. Aruna Prabha to the college on 6.8.2005. The U.P. Higher Education Service Commission issued a corrigendum on 23.3.2006, with regard to advertisement No. 39, specifying that the selections include the posts of Principals of 18 Girls Post Graduate Colleges and that the vacancies in the selections could increase or decrease.