SUJATA Vs. STATE OF U P AND ORS

JUDGEMENT

(1.) The Petitioner has sought the quashing of the order dated 6th August, 2005 passed by the Director of Education (Higher Education), Allahabad (hereinafter referred to as the 'Director') by which, pursuant to the order dated 29th July, 2005 issued by the State Government, the Manager of Smt. Bhagwati Devi Jain Girls (Post Graduate) College, Agra has been directed to cancel the appointment of the Petitioner as Principal of the said College consequent to the cancellation of the placement of the Petitioner in the said College by the Director.

(2.) We have considered the issues raised in this petition in the judgment delivered by us today in Writ Petition No. 60844 of 2005 (Dr. Satya Pandey v. Director of Education (Higher), U.P. Allahabad and Ors.). We, therefore, propose to state only the essential facts relating to the issuance of the placement order of the Petitioner by the Director as other facts have been stated in detail in the aforesaid judgment.

(3.) Advertisement No. 24 of 1998 was issued by the Higher Services Commission (hereinafter referred to as the 'Commission') established under Section 3 of the Uttar Pradesh Higher Education Services Commission Act, 1980 (hereinafter referred to as the 'Act') on 6th August, 1998 for filling up posts of Principals in Post Graduate Colleges. The Petitioner applied for being appointed as a Principal but no recommendation was made by the Commission in respect of this advertisement. Subsequently, Advertisement No. 25 of 1998 was issued by Commission on 13th August, 1998 for filling up posts of Principals in male and female Post Graduate Colleges and Degree Colleges. The Petitioner applied for appointment as a Principal in the Post Graduate College under the O.B.C. Category. She was placed at Serial No. 1 in the waiting list of O.B.C. Category candidates. It is on 1st September, 2003 that the Director passed an order for placement of the Petitioner as Principal in Smt. Bhagwati Devi Jain Girls (Post Graduate) College, Agra which post was advertised in Advertisement No. 24 of 1998 and was not advertised in Advertisement No. 25 of 1998. The Committee of Management of the Institution issued appointment order dated 1st October, 2003 to the Petitioner and she subsequently joined.