VIRENDRA NATH TRIPATHI Vs. STATE OF UP

JUDGEMENT

(1.) Heard Shri U.N. Sharma, learned Senior Advocate, assisted by Shri Neeraj Tiwari for the petitioner, Shri P.S. Baghel learned Senior Advocate for respondent No.2 and the learned Standing Counsel.

(2.) Counter and rejoinder affidavits have been exchanged between the parties and with the consent of the learned counsel for the parties this writ petition is being finally decided.

(3.) Brief facts necessary to be noticed for deciding the writ petition are: The petitioner was appointed as Lecturer in Paediatric Department, MLN Medical College, Allahabad on 3.3.1982. He was promoted as Reader in Paediatric Department GVSM Medical College, Swarup Nagar, Kanpur Nagar. On 6.Vishwajeet Singh (Dr.) and others v. State of U.P. and others, 2009 4 ADJ 373 12.1996, petitioner was promoted as Professor and Head in Paediatrics Department GVSM Medical College,Kanpur Nagar. U.P. Public Service Commission, Allahabad (hereinafter called the "Commission") issued an Advertisement No.2 of 2007-08, advertising two posts of Principal of Medical College (Allopathic) in the State of U.P. One post was advertised under the General Category and one post in Scheduled Caste Category. Petitioner who fulfilled the qualification for the said post submitted an application and was issued an interview letter on 17.3.2008. The petitioner was interviewed on 16.5.2008 by the Commission, the result of which was not declared by the Commission, hence the petitioner filed the writ petition on 17.10.2008 praying for a writ of mandamus commanding the respondents Commission to declare the result of the interview held on 16.5.2008 for the post of Principal in State Medical Colleges in State of U.P.4. By letter dated 23.10.2008 issued by the State Government the earlier requisition dated 19.6.2007 for 2 posts of Principal was recalled and a requisition was sent for filling 8 pots of Principal (3 GC, 2 SC. and 3 OBC).Subsequently, by letter dated 27.3.2009, State Government has recalculated the reservation and intimated to the Commission that out of 8 posts 4 are for G.C., 2 S.C. and 2 O.B.C. The selection on the aforesaid 8 posts was initiated in pursuance of the requisition. The writ petition of the petitioner was pending at the time when the process for fresh selection against 8 posts was initiated, it was pointed out to the Court hearing the matter that the vacancy which was subject matter in the writ petition has been re-advertised and the re-advertised vacancy was subject of another writ petition. A statement was made by the learned counsel appearing for the Commission that for 2 posts for which the interview was held on 16.5.2008, the result shall not be declared by the Commission in pursuance of the selection proceedings dated 28.10.2009. The order of this Court dated 28.10.2009 is quoted below: