LAWS(ALL)-2002-4-166

SATYENDRA SINGH Vs. DIRECTOR OF EDUCATION HIGHER EDUCATION

Decided On April 24, 2002
SATYENDRA SINGH Appellant
V/S
DIRECTOR OF EDUCATION (HIGHER EDUCATION) Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioner as well as the learned counsel representing the respondents.

(2.) Perused the record. The facts, in brief, shorn of details and necessary for the disposal of this writ petition, lie in a narrow compass. In the proceedings for the selection and appointment of Principal in accordance with the provisions contained in Section 12 of the Uttar Pradesh Higher Education Services Commission Act, 1980, the petitioner had given his preference for various colleges. During the period of the validity of the list referred to in sub-clause (2) of Section 13 of the said Act, a vacancy in the post of Principal of Durga Dutt Chunnilal Khakdelwal Postgraduate College, Maunath Bhanjan had come into existence. The petitioner submitted an application to the Director for changing the preference given by him and requesting that he may be granted appointment on the post of Principal of the aforesaid College Instead of Ram Swarup Gram Udyog Postgraduate College, Pukhrayan, Kanpur Dehat. It appears that the representation of the petitioner was kept pending for a long time without any orders with the result that the petitioner had to approach this Court by means of Misc. Writ Petition No, 30080 of 1993, which was heard and disposed of vide the judgment and order dated 29,6.1993, whereunder this Court observing that the question whether the petitioner could be posted and appointed to the said college may be taken into consideration by the Director of Education, issued a direction requiring the Director of Education (Higher Education), U. P., Allahabad, to decide the representation of the petitioner after giving an opportunity of hearing to him and the Committee of Management of Ram Swarup Gram Udyog Post Graduate College, Pukhrayan, Kanpur Dehat and also the Committee of Management of college at Maunath Bharijan, Mau. By the aforesaid order, this Court required the Director to pass a reasoned order after disposing of the representation within a period of six weeks from the date of filing of a certified copy of the said order along with copy of the writ petition and that too after affording opportunity of hearing to the petitioner.

(3.) The Director of Education (Higher Education) vide the impugned order had rejected the representation of the petitioner.