NARESH KUMAR VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner has preferred this writ petition under Art. 226 of the Constitution for issuance of writ of certiorari to quash the advertisement dated 29.02.2008 and consequential proceeding for filling up Class-IV posts in Jatan Swaroop Post Graduate College, Sikandarabad, Buland Shahar.

(2.) A brief reference to the factual aspect would suffice: The Jatan Swaroop Post Graduate College is a post graduate college affiliated to Chaudhary Charan Singh University, Meerut (hereinafter referred to as 'University'). The affairs of the college is managed by a Committee of Management. The provisions of the Uttar Pradesh State Universities Act, 1973 and the first statute made thereunder for Chaudhary Charan Singh University are applicable in the institution.

(3.) A vacancy in Class-IV post occurred on account of promotion of one Smt. Munni Rani who was promoted to Class-III post on 10.11.2006. The Principal of the College sought permission of the Regional Higher Education Officer to fill the vacant post. The respondent no. 3 on 11.01.2007 granted the permission to fill the post. A copy of the said order is on record as Annexure-2 to the writ petition. Pursuant thereto an advertisement was issued by the respondent no. 4 in two national newspapers i.e. Dainik Jagran & Amar Ujala on 18/19.05.2007 respectively. The petitioner in response to the said advertisement made application for appointment on Class-IV post. The petitioner faced Selection Committee and he was found suitable. The Principal of the College sent the papers to the respondent no. 3, Regional Higher Education Officer who is the appropriate authority under the first statute of the Act, 1973 for approval of petitioner's appointment.