BIJENDRA NARAIN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri W. H. Khan, advocate learned counsel on behalf of the petitioner along with Sri R. C. Dwivedi as well as Sri M. S. Pipersenia, advocate, learned standing counsel, representing respondent Nos. 1, 2 and 4.

(2.) It may be noted that the respondent No. 3, Committee of Management has been transposed as petitioner No. 2. No counter affidavit has been filed on behalf of the respondent Nos. 1, 2 and 4 inspite of the fact that notice was given in the office of Chief Standing Counsel, High Court, Allahabad, as back as in the year 1998 and time was granted to the respondents for filing counter-affidavit. The respondents have not availed the opportunity afforded by the Court to rebut the averments made in the writ petition. Hence, the same are to be accepted for the purposes of present proceedings only.

(3.) The petitioner No. 1 contends that he was appointed being found best available candidate for discharging duty as Physical instructor in the college called Ramji Sahai Degree College, Rudrapur, Deoria, an affiliated Degree College of the University of Gorakhpur, constituted under the provisions of the State Universities Act, 1973, as amended from time to time.