JAGDISH PRASAD PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Siddharth Khare, learned counsel for the petitioner, Sri J.N. Maurya, learned counsel for the respondent No. 2 and learned Standing Counsel for respondent Nos. 1, 3 and 4 and perused the record.

(2.) Writ petition is directed against recommendation dated 24.2.2011 made by respondent No. 2 recommending respondent No. 6 for appointment on the post of Principal in Sri Ram Krishna Inter College, Vidya Mandir, Chandpur Patwadh Azamgarh.

(3.) Learned counsel for the petitioner submitted that the vacancy for the post of Principal has occurred on 1.7.1998 and it was immediately requisitioned to the Commission. Admittedly the petitioner was not one of the two senior-most teachers in the institution. The selection proceeding was challenged by some others before this Court on various grounds and entire bunch of the writ petitions was allowed by a Division Bench of this Court vide judgment dated 16.10.2003 in leading Writ Petition No. 11322 of 2002 but in appeal the Apex Court has reversed the judgment and dismissed the appeal. Thereafter the selection has been finalized and the respondent No. 6 has been recommended for the post of Principal in the institution. But in the meantime petitioner has attained seniority and is one of the two senior-most teachers in the institution due to retirement of earlier senior-most teachers and therefore, without considering the petitioner, impugned selection made is wholly illegal.